Judicial Power and American Character

Censoring Ourselves in an Anxious Age

By: Robert F. Nagel

Write A Review

Hardcover | 3 November 1994

At a Glance

Hardcover
200 Pages

Dimensions(cm)
22.86 x 15.24 x 1.6

Hardcover

RRP $342.00

$246.99

28%OFF

or 4 interest-free payments of $61.75 with

Ships in 5 to 7 business days

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

Shipping

	Standard Shipping	Express Shipping
Metro postcodes:	$9.99	$14.95
Regional postcodes:	$9.99	$14.95
Rural postcodes:	$9.99	$14.95

Orders over $89.00 qualify for free shipping.

How to return your order

At Booktopia, we offer hassle-free returns in accordance with our returns policy. If you wish to return an item, please get in touch with Booktopia Customer Care.

Additional postage charges may be applicable.

Defective items

If there is a problem with any of the items received for your order then the Booktopia Customer Care team is ready to assist you.

For more info please visit our Help Centre.

You Can Find This Book In

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

Other Editions and Formats

Paperback

Published: 19th April 1996

View Product

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

More in Comparative Law

International Sales Law

A Guide to the CISG

Studies of the Oxford Institute of European and Comparative

Studies of the Oxford Institute of European and Comparative Law

Contestation, Reinvention, and Regulation of Cultural Heritage Through Dissent

Studies in Art, Heritage, Law and the Market

Tort Liability Based on Fairness

The Legislative and Judicial Practices in China

Aboriginal and Torres Strait Islander Legal Relations

2nd edition

After the Judicial Revolution

How Regime Politics Constituted and Constrained the Gleeson Court

Value Added Tax in the 21st Century

Design, Challenges, and Opportunities

Business, Human Rights and Natural Resource Governance

Accountability for a Just Transition

Law, Death, and Robots

The Regulation of Artificial Intelligence in High-Risk Civil Applications

Judicial Bricolage

The Use of Foreign Precedents by Constitutional Judges in the 21st Century

Hart Studies in Private Law

Theory, Practice and Future Developments

Tax, Public Finance, and the Rule of Law

Hart Studies in Commercial and Financial Law

Securing Creditor Access and Protecting Customer Interests in the Crypto World

Rights in Criminal Law

Studies on a New Paradigm in Criminal Law and Procedure

The Law and Collective Bargaining

Sources and Patterns of Regulation in the Modern World of Work

Small State Constitutionalism

Constitutional Effectiveness

The Case of Germany's Basic Law

Environmental Leverage in Times of Climate Crisis

Product Standards, Carbon Border Measures and Preferential Trade Agreements

The Future of Justice

Ai, Big Data, the Environment and the Courts

Constitutional Transplantations

The Diffusion and Adoption of Constitutional Ideas

Air Passenger Rights

A Global Perspective

Biomedical Practices, Religion, and the Law

Perspectives from the Middle East and Europe

Citation Networks of European Constitutional Courts

Asymmetric Judicial Dialogues

Shareholder Activism in China and Beyond

Legal Foundations, Regulatory Frameworks, and Comparative Perspectives

This product is categorised by