The authors of this book share a concern for the state of law and
democracy in our country, which to many seems to have deteriorated
badly. Deep changes are visible in a wide array of phenomena:
judicial opinions, the teaching of law, legal practice,
international relations, legal scholarship, congressional
deliberations, and the culture of contemporary politics. In each of
these intersections between law, culture, and politics, traditional
expectations have been transformed in ways that pose a threat to
the continued vitality and authority of law and democracy. The
authors analyze specific instances in which such a decline has
occurred or is threatened, tracing them to "the empire of force," a
phrase borrowed from Simone Weil. This French intellectual applied
the term not only to the brute force used by police and soldiers
but, more broadly, to the underlying ways of thinking, talking, and
imagining that make that sort of force possible, including
propaganda, unexamined ideology, sentimental cliches, and politics
by buzzwords, all familiar cultural forms. Based on the underlying
crisis and its causes, the editors and authors of these essays
agree that neither law nor democracy can survive where the empire
of force dominates. Yet each manages to find a ground for hope in
our legal and democratic culture. H. Jefferson Powell is Frederic
Cleaveland Professor of Law and Divinity at Duke University and has
served in both the federal and state governments, as a deputy
assistant attorney general and as principal deputy solicitor
general in the U.S. Department of Justice and as special counsel to
the attorney general of North Carolina. His latest book is
"Constitutional Conscience: The Moral Dimension of Judicial
Decision.
"
James Boyd White is Hart Wright Professor of Law emeritus and
Professor of English emeritus, at the University of Michigan. His
latest book is "Living Speech: Resisting the Empire of Force."
"An extraordinary collection of provocative, insightful, and
inspiring essays on the future of law and democracy in the
twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service
Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present,
and---more importantly---they explore avenues to democracy's rescue
through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor
of Law Emeritus, UCLA
Contributors
Martin Bohmer, Universidad de San Andres, Buenos Aires,
Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of
Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
General
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