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Books > Social sciences > Sociology, social studies > Social issues
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Reason and History in Judicial Judgment - Felix Frankfurter and Due Process (Hardcover)
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Reason and History in Judicial Judgment - Felix Frankfurter and Due Process (Hardcover)
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Stevens sees three crises in American judicial statesmanship. The
first was the crisis of the founding. The well being of the country
was subjected to grave danger, culminating in the crisis of the
Civil War, and a refoundation was required. During the mid
twentieth century The United States faced the possibility of
destruction, World War II, and the finding of malfeasance of the
nation in the office of the president. The constant excitement of
contest with antagonists makes it difficult to say whether the
current crisis of the Supreme Court is merely a continuation or a
whole new problem.The political leaders who resolved the first
crisis and founded the Republic bequeathed as a part of that
foundation the United States Supreme Court. During the subsequent
history of the country, and with respect to its crises, the Court
played a large part. Whether or not it does so well in the current
period depends upon the quality of its judicial statesmanship. The
judge is a person who acts. But it is considered action and
considered action is based on prior understanding. The character of
the Court's understanding, or direction, reveales itself in the
course of its division over the application of the "due process"
clause to state criminal proceedings.Frankfurter's view is
problematic. If Western civilization is to be preserved, it must be
because it is worth preserving. If it is worth preserving it must
be because it is good. If so, can it be preserved by reliance upon
and reference to itself, or must reliance not be placed upon that
by virtue of which the thing to be preserved is worthy of
preservation? This problem is not new to Western civilization. Much
has been written about Frankfurter, and common descriptions of the
terms "restraint" and "pragmatism" to characterize his doctrines.
Previous treatments of these doctrines now available have not
seemed adequate. The intention of Reason and History in Judicial
Judgment is to treat them as ethical problems rather than as
self-explaining conclusions.
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