Society and individual members thereof who approach the court in conscience desire justice. They place their hope not only in the knowledge but also in the morality of the judges. At a time when the values of the judiciary are under intense scrutiny, Noonan and Winston present an extensive, highly informed collection of readings with commentary and explication. They address the concept and role of "judge," the act of "judging," and the requirements and potential abuses inherent in the system and process of sitting in judgment. This is a reflective, yet eminently realistic consideration of the fundamental issues and questions involved in establishing a reasonable framework for assessing judicial morality. The work first examines qualities of the ideal, corrupt, and over-zealous or political judge. The editors next address the judge's role and response in view of the tensions rising not only from the facts of the case and legal precedents but also from such human qualities as compassion. They also look at the power of social expectations and personal beliefs as possible influences on judicial decisions. Finally, the editors consider the need judges have for independence and study that necessary factor in relationships to accountability and also potential for abuse. This is a learned, inclusive, yet accessible and captivating, work. It will clarify and reinvigorate discussion of critically important issues fundamental to an ethical judiciary.

Using concrete examples, John T. Noonan, Jr., demonstrates that the moral teaching of the Catholic Church has changed and continues to change without abandoning its foundational commitment to the Gospel of Jesus Christ. Specifically, Noonan looks at the profound transformations that have occurred over the centuries in Catholic moral teaching on freedom of conscience, lending for a profit, and slavery. He also offers a close examination of the evolution now in progress concerning divorce. Noonan perceives the Catholic Church to be a vigorous, living organism answering new questions with new answers, and enlarging the capacity of believers to learn, through experience and empathy, what love demands. He contends that the impetus to change comes from a variety of sources, including prayer, meditation on Scripture, new theological insights and analyses, the evolution of human institutions, and the examples and instruction given by persons of good will. Noonan states that the Chruch cannot change its commitment to preaching the Gospel of Jesus Christ. Given this absolute, how can the moral teaching of the Chruch change? Noonan finds this question unanswerable when asked in the abstract. But in the context of the specific facts and events he discusses in this book, an answer becomes clear. As our capacity to grasp the Gospel grows, so too, do our understanding and compassion grow. Noonan's incisive book, based on the Erasmus Lectures he delivered at the University of Notre Dame in 2003, will challenge anyone interested in the history and future of the Catholic Church.

NEW INSIGHT INTO SHAKESPEARE'S SONNET SEQUENCE Berkeley's John Noonan presents the case for a new reading of 22 of Shakespeare's Sonnets Berkeley, California. John T. Noonan, Jr., U.C. Berkeley professor and federal judge, is the author of Shakespeare's Spiritual Sonnets just published by Amazon. Noonan presents argument and analysis of the Sonnets pointing to addressees of these poems far from the usual suspects. His candidates include God, the Virgin Mary, Mother Church, and Jesuit missionaries to England. He himself acknowledges his own reluctance to believe that the Bard was "mixed up with Jesuits." Imagine for a moment discovering new poems by Shakespeare. Noonan discards the assumption that the Sonnets reflect the course of two or more love affairs. Observing that it is generally agreed that some of the Sonnets are commissioned work urging a young man to marry, and that two sonnets are addressed to the poet's soul, he argues that each of the remaining sonnets should be examined in terms of its particular purpose and addressee. His analysis is both negative, pointing to substantial difficulties and gaps in the standard approach, and positive, showing the probability of a different reading. Not by Euclidean logic, he writes, but by a convergence of probabilities is the case made. Noonan's interpretation sets the 22 sonnets firmly in the context of religious controversy and compelled conformity in Queen Elizabeth's Britain and in the larger context of continental currents of theology. Shakespeare, Noonan notes, was a man of his time, and the time extends back to Pope Gregory's dispatch of missionaries to England a thousand years earlier. Noonan offers a spectrum within which he suggests that Shakespeare fits. At one end is William Byrd, composer for Queen Elizabeth and composer of masses and motets for the Catholic underground. At the other end of the spectrum is Robert Southwell, S.J., sought, caught, and hung as a priest criminally present in the country. Between them, Noonan places Shakespeare, who borrowed ideas and inspiration from Southwell's poems and who emulated Byrd in his ability to please the queen and to enhearten his own disfavored community. Noonan's book is likely to lead many lovers of Shakespeare to look at the Sonnets afresh.

"Noonan's analyses challenge even as they charm; simultaneously they constitute both pieces of creative scholarship and literary gems. I have read and re-read this slim volume and have strongly recommended it to students as an example of how an imaginative scholar can start with what seems commonplace and force us to reexamine our own conclusions--and occasionally values."--Walter F. Murphy, author of "American Constitutional Interpretation"

"A classic work, highly influential, widely cited."--Martin Shapiro, author of "Seeking the Center"

""Persons and Masks of the Law "is a brilliant conception, beautifully realized. I congratulate the author on this sparely and wholly expressed idea."--Robert K. Merton, Columbia University

"A beautifully written and probing discussion by an eminent legal philosopher. Professor Noonan strips the facade from judge-made law, and exposes the often unpleasant reality that citizens must confront daily."--Norman Dorsen, New York University School of Law

"I am struck by the timelessness of the work. I have always thought of it as a great book. What I now see is that it is a book that will never be out of date. The reason is simple: it brings a great legal mind of our own time into conversation with the greatest legal minds of the past."--Robert P. George, author of "The Clash of Orthodoxies"

Society and individual members thereof who approach the court in conscience desire justice. They place their hope not only in the knowledge but also in the morality of the judges. At a time when the values of the judiciary are under intense scrutiny, Noonan and Winston present an extensive, highly informed collection of readings with commentary and explication. They address the concept and role of judge, the act of judging, and the requirements and potential abuses inherent in the system and process of sitting in judgment. This is a reflective, yet eminently realistic consideration of the fundamental issues and questions involved in establishing a reasonable framework for assessing judicial morality. The work first examines qualities of the ideal, corrupt, and over-zealous or political judge. The editors next address the judge's role and response in view of the tensions rising not only from the facts of the case and legal precedents but also from such human qualities as compassion. They also look at the power of social expectations and personal beliefs as possible influences on judicial decisions. Finally, the editors consider the need judges have for independence and study that necessary factor in relationships to accountability and also potential for abuse. This is a learned, inclusive, yet accessible and captivating, work. It will clarify and reinvigorate discussion of critically important issues fundamental to an ethical judiciary.

A "New York Times" Notable Book, this remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. "The Lustre of Our Country" demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law - he discusses abolition, temperance, and civil rights - and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. "The Lustre of Our Country" is a celebration of religious freedom - a personal and profound statement on what the author considers America's greatest moral contribution to the world.

Using concrete examples, John T. Noonan, Jr., demonstrates that the moral teaching of the Catholic Church has changed and continues to change without abandoning its foundational commitment to the Gospel of Jesus Christ. Specifically, Noonan looks at the profound changes that have occurred over the centuries in Catholic moral teaching on freedom of conscience, lending for a profit, and slavery. He also offers a close examination of the change now in progress concerning divorce. In these changes Noonan perceives the Catholic Church to be a vigorous, living organism answering new questions with new answers, and enlarging the capacity of believers to learn through experience and empathy what love demands. He contends that the impetus to change comes from a variety of sources, including prayer, meditation on Scripture, new theological insights and analyses, the evolution of human institutions, and the examples and instruction given by persons of good will. Noonan also states that the Church cannot change its commitment to preaching the Gospel of Jesus Christ. Given this absolute, how can the moral teaching of the Church change? Noonan finds this question unanswerable when asked in the abstract. But in the context of the specific facts and events he discusses in this book, an answer becomes clear. As our capacity to grasp the Gospel grows, so too, our understanding and compassion, which give life to the Gospel commandments of love, grow.

The various essays in this volume explore the development of ideas of corruption, employing a range of disciplinary approaches. Although we are accustomed to think of corruption as the misuse of public office for private gain, corruption has its deeper roots in the idea of a standard that has been eroded. That standard, however, need not be construed idealistically: much of what is asserted to be corruption takes the form of a departure from conventional standards. In inveighing against corruption, therefore, it is necessary first to examine the presumptions that underlie its imputation. As well as exploring the ethical issues that must be confronted in identifying corruption, the authors also address some of the ethical issues that challenge attempts to root out corruption.

"Narrowing the Nation's Power" is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is 'a superior being.' Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity - a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. 'It only hurts when you think about it,' Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both 'congruent' and 'proportionate.' The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Originally published in 1965, Contraception received unanimous acclaim from all quarters as the first thorough, scholarly, objective analysis of Catholic doctrine on birth control. More than ever this subject is of acute concern to a world facing serious population problems, and the author has written an important new appendix examining the development of and debates over the doctrine in the past twenty years. John T. Noonan, Jr., traces the Church's position from its earliest foundations to the present, and analyzes the conflicts and personal decisions that have affected the theologians' teachings on the subject.