| Book Review | The Journal of American History, 92.1

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| Book Review | The Journal of American History, 92.1 | The History Cooperative

Book Review

Guardians of the Moral Order: The Legal Philosophy of the Supreme Court, 1860–1910. By Mark Warren Bailey. (DeKalb: Northern Illinois University Press, 2004. viii, 298 pp. $45.00, ISBN 0-87580-320-2.)

In Guardians of the Moral Order, Mark Warren Bailey explores the influence of antebellum moral philosophy on the late nineteenth-century Supreme Court. Moral philosophy, derived from Protestant theology and European Enlightenment thought, dominated the curricula of the colleges attended by the justices. Francis Wayland, Francis Bowen, and other American moral philosophers stressed, in Bailey's words,

the divine origins of the natural and social order, the crucial importance of voluntaristic moral action and individual moral accountability in that natural and social order, and the application of those general principles to the practical fields of economics, politics, and law. (p. 84)

Bailey examines the principles of antebellum moral science and then analyzes how they were reflected decades later in the justices' opinions and off-the-bench writings.

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