Born in Tennessee, Hamilton received a B.A. degree from the
University of Texas at Austin in 1907 and a Ph.D. degree from the
University of Michigan in 1913. He married Lucile Elizabeth Rhodes in 1909; they had three children. The couple later divorced and he married Irene Till, on July 20, 1937, adopting her son Robert (
Robert W. Hamillton) by a previous marriage later having two children, Douglas and Leslie. He died in
Washington, D.C., on October 27, 1958. Hamilton was a professor of law at the Yale Law School from 1928 to 1948, and was ultimately appointed
Southmayd Professor of Law, emeritus. He taught courses in
trade regulation,
torts, and public control of business. Considered a leading figure in the
legal realism movement at Yale, Hamilton was a vigorous critic of legal formalism and sought to apply the insights of economic studies to the law. He argued that legal concepts evolved in specific historical and social contexts and that, when they were removed from their context and generalized into universal legal principles, they led to socially undesirable, often unexpected results. He developed these arguments in a series of articles in the 1930s, which included:
Affectation with a Public Interest (1930),
The Ancient Maxim Caveat Emptor (1931), and
The Path of Due Process of Law (1938). Hamilton also undertook a series of industry studies that sought to show that wages and prices were not set by market forces as understood by neoclassical economists but instead depended on social and historical contexts, so that the results were noncompetitive wages and prices. These studies showed that the degree of competition in effect in any industry depended on legal control devices tolerated or regulated depending on the consciousness of a public interest in the industry and the political will to recognize it. == Publications ==