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Judicial Restraint in America - How the Ageless Wisdom of the Federal Courts was Invented (Hardcover)
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Judicial Restraint in America - How the Ageless Wisdom of the Federal Courts was Invented (Hardcover)
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Total price: R2,261
Discovery Miles: 22 610
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Many legal scholars believe that judges should not be "activists."
But exactly what does it mean for judges to practice "restraint,"
and how did that set of practices evolve in America? In Judicial
Restraint in America: How the Ageless Wisdom of the Federal Courts
was Invented, Evan Tsen Lee traces the cultural, social, and
intellectual forces that shaped the contours of judicial restraint
from the time of John Marshall, through the "vested property
rights" courts of the early 20th Century, through the Warren Court,
and up to the present. The Supreme Court and the many lower federal
courts have long used mystifying technical doctrines known as
"standing" and "abstention" out of a professed fidelity to judicial
restraint. Yet this book aims to demonstrate that the concept of
judicial restraint cannot be meaningfully viewed outside of the
varying contexts of American history. The notion of judicial
restraint only makes sense in light of the waxing and waning
American commitments to property rights and Protestant idealism, to
scientific pragmatism, to racial equality, and even to
environmental protection and the need to stem climate change. This
book focuses on the personalities and lives of powerhouse Supreme
Court justices - John Marshall, Oliver Wendell Holmes, Louis
Brandeis, Felix Frankfurter, William Brennan, and now Antonin
Scalia. Largely written in narrative form, it will appeal to those
interested in how politics, society, and the power of ideas have
shaped American public law.
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