"Stewards of Democracy" is a celebration of a moral tradition
famously observed by Alexis de Tocqueville through the eyes of
Francis Lieber, a Prussian emigre who in antebellum times wrote of
political ethics, hermeneutics, and comparative constitutional law
as aspects of the moral duties of American lawyers and judges. The
duty of the profession unifying this tradition has been to nurture
and protect the institutions of self-government on which depend the
stability of our complex social order and the protection of all our
legal rights. Thomas Cooley, perhaps the lawyer most respected by
nineteenth century Americans, is presented as a primary exemplar of
the dutiful tradition. Much of the book is an account of his career
as judge, scholar, teacher, and founding chair of the Interstate
Commerce Commission. Cooley's career was succeeded in the tradition
by a trio of Progressives: Louis Brandeis, Ernst Freund, and
Learned Hand, whose careers area also examined. Finally noted is
the more recent career of Byron White.Carrington contends that the
dutiful tradition marked by the careers of the five exemplars is
threatened by the mutually reinforcing tendencies of the Supreme
Court and other high courts, of highly respected legal scholars, of
the most honored of our law schools, and of noted legal
journalists, all of whom tend to work from the premise that
political and moral judgments can best be made by an elite and
imposed on a passive citizenry, a belief tending to fulfill itself.
The result is a threatened suffocation of the political
institutions commanding the loyalty and enduring support of
citizens. The book concludes by suggesting possible causes for a
future reversal of this long-term trend and the steps such a
reversal might entail.
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