Judicial Power and American Character

Censoring Ourselves in an Anxious Age

By: Robert F. Nagel

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Hardcover | 1 September 1994

At a Glance

Hardcover
200 Pages

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24.2 x 16.1 x 1.9

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In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics reflect the moral character of American culture. He persuasively argues that judicial decisions embody wider social tendenceies towards moral evasiveness, privatization, and opportunism. Constitutional interpretation, he urges, is often an effort to stifle political disagreement and, ultimately, to censor our own beliefs and traditions. Nagel ranges over such controversial topics as the confirmation hearings of Clarence Thomas and Robert Bork, local resistance to abortion rights, political correctness on campus, and judicial decisions dealing with pornography, flag burning, gay rights, school prayer, and racial desegregation. Crossing conventional political and philosophical lines, the analysis is surprising and provocative. Nagel sees fundamental similarities between liberals like Ronald Dworkin and conservatives like Bork. He finds judicial arrogance in jurists as different as
William Brennan and Sandra O'Connor. Clearly written and forcefully argued, this work is an audacious examination of judicial power as an integral part of our increasingly anxious and intolerant society.

Industry Reviews

"Professor Nagel's provocative book questions why an essentially undemocratic body like the Supreme Court should get the last word on the troubling moral issues of our day....An erudite argument."--Commonweal "The best analysis yet of the Court's method, and of the relation of its style to its purposes."--Chronicle "This is a major contribution to constitutional theory and practice, a significant work of social criticism, and a great pleasure to read. As for an originality of ideas, it is here in abundance. Professor Nagel writes from a perspective that pays enormous respect to the common understandings of society."--Lee C. Bollinger, Provost, Dartmouth College "A thoughtful essay on the role of the Supreme Court in our society....Highly recommended."--Choice "Professor Nagel's provocative book questions why an essentially undemocratic body like the Supreme Court should get the last word on the troubling moral issues of our day....An erudite argument."--Commonweal "The best analysis yet of the Court's method, and of the relation of its style to its purposes."--Chronicle "This is a major contribution to constitutional theory and practice, a significant work of social criticism, and a great pleasure to read. As for an originality of ideas, it is here in abundance. Professor Nagel writes from a perspective that pays enormous respect to the common understandings of society."--Lee C. Bollinger, Provost, Dartmouth College "A thoughtful essay on the role of the Supreme Court in our society....Highly recommended."--Choice

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Non-Fiction Law Laws of Specific Jurisdictions Constitutional & Administrative Law General Works of Private & Civil Law Jurisprudence & General Issues Comparative Law History Regional & National History European History British & Irish History Legal System in General

Civil Procedure, Litigation & Dispute Resolution

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Paperback

Published: 1st April 1996

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Introduction: The Court as Cultural Barometer	p. 3
Watching Ourselves: The Thomas Hearings and National Character	p. 9
Inequality as Equality	p. 10
Offensiveness as Virtue	p. 14
Careerism and Sexual Equality	p. 16
Careerism and Responsibility	p. 20
Moralism and Opportunism	p. 24
Shaping Law: Elitism and Democracy in the Bork Hearings	p. 27
Bork against the Mainstream	p. 28
Bork as the Mainstream	p. 31
Meeting the Enemy	p. 39
Marching on Constitution Avenue: Public Protest and the Court	p. 45
Judges as Politicians	p. 47
Marching and Advocacy	p. 51
Legalism, Realism, and Edwin Meese's Heresy	p. 56
Speaking before All Others: Interpretation as the Suppression of Disagreement	p. 61
The Rule of Law	p. 64
Legal Traditions and Constitutional Rights	p. 66
Political Resistance and the Expansion of Rights	p. 71
Pursuing Visions: Interpretation as Moral Evasion	p. 81
Sexual Speech and Moral Climate	p. 83
Flag Burning and Political Ethos	p. 91
Boundlessness and Adjudication	p. 96
Correcting the Political: Interpretation as Mind Control	p. 103
Regulating Sexist Speech	p. 104
The Court and Consciousness Raising	p. 109
Mind Control and Censorship	p. 119
Arguing with Enemies: Interpretation as Invective	p. 123
Name-Calling in the Courts	p. 124
Judicial Restraint and Moral Heroism	p. 129
The Ideal of Moderation in a Divided Society	p. 132
Restraint and the Judicial Machine	p. 136
Censoring Ourselves	p. 141
Principle Ascendant	p. 144
Principle, "Progress," and the Tradition of the Family	p. 147
Principle as Suppression	p. 151
Principle and Cultural Decline	p. 155
Notes	p. 157
Index	p. 182
Table of Contents provided by Syndetics. All Rights Reserved.

Judicial Power and American Character

Censoring Ourselves in an Anxious Age

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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