This fact is acknowledged by the Virginia Law School conferees. Introducing the symposium, constitutional law professor Mark Graber quotes Richard Hofstadter’s rueful 1968 observation that “Beard’s reputation stands like an imposing ruin in the landscape of American historiography.” He cites historian Gordon S. Wood dismissal of Beard’s economic determinist research method as “so crude that no further time should be spent on it.” Graber states that “no contemporary scholar claims that Beard in 1913 correctly mapped the lines of conflict.” In Graber’s view, the debate over An Economic Interpretation has shifted from a controversy over Beard to a controversy over “uber-Beard.” This allusive term refers to scholars who believe economic interests are the central force, and that they have had valuable normative consequences for American constitutional development. Critics of “uber-Beardian” analysis retort that this discounts the independent influence of ideas on constitutional development. Beard was a fair-minded scholar, committed to “balanced analysis,” who believed that all parties to constitutional conflict were moved by economic interests rather than high …show more content…
It left out “the whole area of experience in which ideas and interests are jumbled to a degree that the effort to divorce and counterpose them becomes an artificial imposition [on] the realities of history.”
Beard contributed significantly to the revolution in constitutional history and theory that reduced legal principles and judicial decision-making to social and economic forces.
In White’s view, Progressive legal realism brought “skepticism toward the ideal of a ‘rule of law’ in American culture that transcended and constrained the particularistic attitudes and agendas of legal decision makers.” Beard and other Progressive historians imposed “their modernist preconceptions about history, law, judicial decision making, and constitutional interpretation on events from earlier time periods.” Historian Jonathan Gienapp addresses the historiographical dimension of Beardian thought. But he also rejects the universalism of economic determinism.Beard, he asserts, “remains as vital as