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The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint. Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind. The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.
The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.
In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.
“The author has written a very interesting book... She did much research in primary sources, and held many interviews with those best acquainted with her illustrious hero. Born in Austria of a Jewish family, Felix Frankfurter read avidly from his youth. As a lad, he determined to be a lawyer and worked assiduously toward his objective. His ambition and his precocious mind kept him at the head of his classes in America, where he grew up. Soon after completing his legal training, he began to mix private professional services with public office holding. Although he frequently aided friends to win elective offices, Frankfurter never sought an elective office himself. From a United States District Attorney to an Associate Justice of the United States Supreme Court, his public offices were all appointments. Frankfurter, as a young man, was attracted by Woodrow Wilson and his New Freedom. In Washington as a government employee, this Jewish lawyer contended, with great confidence, that the state, as well as the national government, had the duty and right to erect social legislation. In 1914, as a teacher at Harvard, Frankfurter contended that law was not a mere abstraction but that society, by breathing into law the ‘breath of life,’ made it a living soul. Disliking formal lecturing, the law professor much preferred to have his pupils in small groups in animated discussions... In World War I, Frankfurter became an attorney in the War Department... in charge of labor problems. He became a recognized leader in President Wilson’s Mediation Commission... A delegate to the Paris Peace Conference, he aided in drawing up the Balfour Declaration for the return of Palestine to the Jews. Once again Frankfurter returned to Harvard to train young lawyers to combine an academic with an active public life. For twenty years, the professor continued to teach. In 1939, at the age of 56, President Roosevelt, a long time friend, appointed him an Associate Justice of the United States Supreme Court. Here Frankfurter served for twenty-three years until invalidism overtook him some months before his death in 1965... [writing] 725 opinions of which 291 were dissents... Justice Frankfurter believed the United States Supreme Court should practice self-imposed restraint. He opposed judicial law-making in all courts. Likewise, he contended that the courts should never enter the political arena. The author discusses well the Brown v. Board of Education and other desegregation cases, as well as the Baker v. Carr and other reapportionment cases, and shows how Justice Frankfurter came to decide with the majority in these law-making and politically activated cases. While this is not the definitive biography of Justice Frankfurter, it is an excellent and timely one.” — George Osborn, Professor of Social Sciences, University of Florida-Gainesville, The Annals of the American Academy of Political and Social Science “A worthwhile and complete compendium of the vital statistics of a great man in relation to the public life of the period... Two criticisms of Frankfurter often voiced during the latter part of his life were that in the great travail of the Jewish people he made no effort to help them, notwithstanding his profound influence on the President, and, that in spite of his great reputation as a ‘liberal’ before he was appointed to the Supreme Court, he turned ‘conservative’ afterwards. The author treats both these subjects with balanced judgment.” — Mendes Hershman, Jewish Social Studies
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
This is the story of a reform minded man who translated his interest in liberal education and academic freedom into a unique interpretation of the First Amendment to the United States Constitution. Although he died in 1964 his interpretation is still being applied to free speech cases that come before the U.S. Supreme Court. In the early days of the 20th century he was Dean at Brown University, President of Amherst College and founder of the Experimental College at the University of Wisconsin. In the xenophobic aftermath of World War II he became a national leader in defense of political speech. This led him into a dialogue with justices of the Supreme Court, despite the fact he had no formal training in the law. His theory of the First Amendment holds that its provision for free speech exists as much for the publics need to hear and know as it does for the individuals right to speak.
This volume, containing ten essays, is the first of two designed to illustrate the wide possibilities for research and writing in Canadian legal history and reflecting the current interests of those working in that area. Topics covered include historical aspects of company law, the law and the economy, legal reform in Ontario, custody law, the law of master and servant, the law of nuisance, origins of the Canadian Criminal Code, and women's rights in Quebec. Professor Flaherty supplies an introduction to the writing of Canadian legal history and, with his contributors, provides an important building block on which a significant tradition of indigenous legal history in Canada may grow and flourish.
Sigmund Freud had broad ambitions about what psychoanalysis could add to human thought. But Freutfs own writings have rarely been assessed within the perspective of political philosophy. Political theorists will find in the school Freud established a rich storehouse of ideas. For us to link up with what Freud was saying means to join in the great conversation about what the ends of the just society should be, as well as what a fully developed person might be like. Written more than twenty years ago, the central interpretive theses found in Freud: Political and Social Thought still ring true. In his new introduction to this classic text, Paul Roazen contends that today, from the point of view of intellectual history, Freud looms as a subject in an even larger way than he did back in the 1960s. His thinking has impinged, for good or ill, on how we think about character and the nature of human impulses. Privacy itself has been affected, so much so that political candidates now feel free to use intimate material from private life for manipulative public purposes. Yet after all this time political scientists remain reluctant to entertain the need to explore the psychological dimension of all political events. Without reducing politics to psychoanalysis, or inflating psychological categories to embrace all of politics, Roazen provides an introductory look at the field of psychoanalysis. By bringing together the different disciplines of psychology and politics he breaks through parochialism. Roazen is no advocate for psychoanalysis, but believes that analysts have as much to learn from social science as the other way around. This volume is proof that at its best political theory has to be inherently interdisciplinary. As such, this volume will be of interest to intellectual historians, psychoanalysts, and political theorists.
Sigmund Freud had broad ambitions about what psychoanalysis could add to human thought. But Freutfs own writings have rarely been assessed within the perspective of political philosophy. Political theorists will find in the school Freud established a rich storehouse of ideas. For us to link up with what Freud was saying means to join in the great conversation about what the ends of the just society should be, as well as what a fully developed person might be like. Written more than twenty years ago, the central interpretive theses found in "Freud: Political and Social Thought "still ring true. In his new introduction to this classic text, Paul Roazen contends that today, from the point of view of intellectual history, Freud looms as a subject in an even larger way than he did back in the 1960s. His thinking has impinged, for good or ill, on how we think about character and the nature of human impulses. Privacy itself has been affected, so much so that political candidates now feel free to use intimate material from private life for manipulative public purposes. Yet after all this time political scientists remain reluctant to entertain the need to explore the psychological dimension of all political events. Without reducing politics to psychoanalysis, or inflating psychological categories to embrace all of politics, Roazen provides an introductory look at the field of psychoanalysis. By bringing together the different disciplines of psychology and politics he breaks through parochialism. Roazen is no advocate for psychoanalysis, but believes that analysts have as much to learn from social science as the other way around. This volume is proof that at its best political theory has to be inherently interdisciplinary. As such, this volume will be of interest to intellectual historians, psychoanalysts, and political theorists.