The Return of George Sutherland


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In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.







In Memoriam


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George Sutherland


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Newspaper photograph England/America Byron Price (1891-1981) was director of the Office of Censorship for the United States government during World War II. For his role, he was recognized with a Pulitzer Prize in 1944. After the war he was appointed as the Assistant Secretary General of the United Nations. In 1946, President Harry S. Truman presented Byron Price with the Medal for Merit for exceptionally meritorious conduct in the performance of outstanding services as Director, Office of Censorship, from December 20, 1941, until August 15, 1945. After his tenure he served as vice-president of the Motion Picture Association of America.







The Recall of Judges ...


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The Criminology of Edwin Sutherland


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Edwin Sutherland is the acknowledged father of American criminology. This is the first full-length analysis of his work and his person. Unlike the European schools of criminology, which sought to locate deviant behaviour within the deep structures of the economy, Sutherland eschewed such explanations in favour of proximate and observable causes. He located the sources of crime in the association and interaction of specific groups of people. For Sutherland, crime as a way of life results from an individual's attachment to criminals for whom criminal acts are a measure of success no less than a way of life. In a series of publications, Sutherland expanded the horizons of the classic "Chicago School" of interactionists, and in the process founded criminology as a separate area of research while locating it firmly within sociology. As the authors show, Sutherland's work was inspired by strong moral concerns and a sense of the needs of society for social order without falling prey to either blaming the victim or pandering to sentiment about the joys of criminal life. In this sense, he is a model of the sociological tradition long deserving of the biography acknowledging his role as a master and pioneer. Yet Gaylord and Galliher have written more than an intellectual biography. They take seriously the need to fit Sutherland and his "theory of differential association" into a social and historical context. They are also aware and critically straightforward about the limitations of Sutherland's work in criminology, but place both his achievements and their limitations in a fully developed analytical context.




The Recall of Judges


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