Reason and History in Judicial Judgment


Book Description

Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century, the United States faced the possibility of destruction, World War II and, the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.




Flag Burning


Book Description

Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.




Frankfurter and Due Process


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Dissertation Abstracts


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The Life and Presidency of Franklin Delano Roosevelt


Book Description

"The life and presidency of Franklin Delano Roosevelt not only epitomized the times of a remarkable individual thrown into the midst of one of history's most difficult periods, but his legacy also helped to define an entire generation and, to this day, continues to impact the course of American politics and history. The presidency of FDR (1882-1945) began during the Great Depression and extended into an unprecedented fourth term that concluded only with his death. Consequently, the amount of literature written about our 32nd president is enormous. Historian Kenneth E. Hendrickson has completed the Herculean task of compiling the most comprehensive English-language bibliography ever on a single individual and his influence. The scope of this mammoth resource is exhaustive. It contains references and annotations to all books, articles, and dissertations concerning Franklin Delano Roosevelt, his life, his presidency, important people, and events written and published to 1994. Nearly 10,000 entries are arranged in nine chapters, each of which focuses on a particular aspect of FDR's life and career. This three-volume set has been designed to provide researchers with easy access to all the books, chapters, articles, and doctoral dissertations written on Roosevelt, his career, his family, his associates, the America in which he lived, and all the major events of his presidency. Save for battle literature on World War II, every important topic related to FDR and his presidency can be found. The author and subject indexes, coupled with the Table of Contents, provide accessible data on any relevant topic. The researcher is advised to begin with the Table of Contents and then cross-reference both topics and authors with the index. This technique will produce a considerable list of annotated references on any desired topic."--Publisher's website.







The Brethren


Book Description

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.