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Carter, James Coolidge (1827–1905)

CARTER, JAMES COOLIDGE (1827–1905)

One of the preeminent legal philosophers of his time, James Coolidge Carter frequently appeared before the Supreme Court. Stressing that the freedom of contract limited the commerce power, Carter lost two 5–4 decisions in antitrust cases: united states v. trans-missouri freight association (1897) and United States v. Joint Traffic (1898). He also defended the constitutionality of the income tax in pollock v. farmers ' loan & trust company (1895). The clearest exposition of his views appears in Law: Its Origin, Growth and Function (1905) where he contended that law must harmonize with customary beliefs.

David Gordon
(1986)

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