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Oliver Wendell Holmes and Fixations of Manliness (Hardcover)
Loot Price: R3,981
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Oliver Wendell Holmes and Fixations of Manliness (Hardcover)
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Oliver Wendell Holmes, Jr. has been, and continues to be, praised
as America's greatest judge and he is widely considered to have
done more than anyone else to breathe life into the Constitution's
right of free speech, probably the most crucial right for
democracy. One indeed finds among professors of constitutional law
and federal judges the widespread belief that the scope of the
First Amendment owes much of its incredible expansion over the last
sixty years to Holmes's judicial dissents in Abrams and Gitlow. In
this book, John M. Kang offers the novel thesis that Holmes's
dissenting opinions in Abrams and Gitlow drew in part from a
normative worldview structured by an idiosyncratic manliness, a
manliness which was itself rooted in physical courage. In making
this argument, Kang seeks to show how Holmes's justification for
the right of speech was a bid to proffer a philosophical commentary
about the demands of democracy.
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