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Judicial Power and American Character Robert F. Nagel (Ira Rothgerber, Jr. Professor of Constitutional Law, Ira Rothgerber, Jr. Professor of Constitutional Law, University of Colorado)

Judicial Power and American Character By Robert F. Nagel (Ira Rothgerber, Jr. Professor of Constitutional Law, Ira Rothgerber, Jr. Professor of Constitutional Law, University of Colorado)

Summary

This work examines judicial power as an integral part of America's increasingly anxious and intolerant society. Nagel argues that judicial decisions are often an effort to stifle disagreement and to censor important beliefs and important traditions. Covering controversial topics, the analysis crosses conventional political and philosophic lines.

Judicial Power and American Character Summary

Judicial Power and American Character: Censoring Ourselves in an Anxious Age by Robert F. Nagel (Ira Rothgerber, Jr. Professor of Constitutional Law, Ira Rothgerber, Jr. Professor of Constitutional Law, University of Colorado)

In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics relate to the moral character of American culture. He argues persuasively that judicial decisions reflect wider social tendencies 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.

Judicial Power and American Character 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

About Robert F. Nagel (Ira Rothgerber, Jr. Professor of Constitutional Law, Ira Rothgerber, Jr. Professor of Constitutional Law, University of Colorado)

Robert F. Nagel is Ira Rothgerber, Jr., Professor of Constitutional Law at the University of Colorado and author of Constitutional Cultures: The Mentality and Consequence of Judicial Review (1989). He has written for the New Republic, Washington Monthly, Public Interest, Wall Street Journal, and the National Review.

Additional information

NPB9780195089011
9780195089011
0195089014
Judicial Power and American Character: Censoring Ourselves in an Anxious Age by Robert F. Nagel (Ira Rothgerber, Jr. Professor of Constitutional Law, Ira Rothgerber, Jr. Professor of Constitutional Law, University of Colorado)
New
Hardback
Oxford University Press
1995-01-12
198
N/A
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