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Books > Social sciences > Sociology, social studies > Social issues
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Unrestrained - Judicial Excess and the Mind of the American Lawyer (Paperback)
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Unrestrained - Judicial Excess and the Mind of the American Lawyer (Paperback)
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Robert Nagel's innovative volume attempts to explain why, despite
almost four decades of conservative and moderate appointments, the
Supreme Court continues to intervene aggressively in a wide array
of social and political issues. The explanation lies primarily in
the psychological effects of the way that lawyers think about law
and judging. The instincts ingrained by the experiences common to
legal education and the successful practice of law also work to
encourage the reckless use of power.Nagel argues that the problem
with the modern judicial role is cultural and political. He
demonstrates that judges, especially Supreme Court justices, have
degraded our political discourse, intensified social conflict, and
drained moral confidence.By examining modern Supreme Court
confirmation hearings along with certain classic legal writings,
Nagel shows how modern lawyers have a broad consensus on how to
interpret the Constitution and, more generally, how to think about
law. One major component of this mindset is to combine realism with
legalism in ways that naturally tend to expand the judiciary's
imperial role. Realism counsels that decisions are inevitably
partly personal and therefore cannot be conclusively justified
while legalism imparts the sense that the judge's interpretation is
the best one possible. This combination of the personal and
political, along with other aspects of modem legal thinking and
training, means that judges are not only unconstrained by
professional norms but actually are impelled by them to use power
expansively.This issue is important to every person living in the
U.S., as the Supreme Court's decisions concern everyone in the
nation. It has the potential to be read by lawmakers, lawyers,
students of law and political science, and anyone interested in
Constitutional law. The thesis is unique and the execution is
precise.
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