Author: Richard Stevens
Publisher: Routledge
ISBN: 1351494643
Category : Law
Languages : en
Pages : 462
Book Description
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.
Reason and History in Judicial Judgment
Author: Richard Stevens
Publisher: Routledge
ISBN: 1351494643
Category : Law
Languages : en
Pages : 462
Book Description
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.
Publisher: Routledge
ISBN: 1351494643
Category : Law
Languages : en
Pages : 462
Book Description
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.
Frankfurter and Due Process
Author: Richard G. Stevens
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 320
Book Description
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 320
Book Description
Of Law and Men
Author: Felix Frankfurter
Publisher:
ISBN:
Category : Biography
Languages : en
Pages : 394
Book Description
Publisher:
ISBN:
Category : Biography
Languages : en
Pages : 394
Book Description
Law and Politics
Author: Felix Frankfurter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 406
Book Description
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 406
Book Description
Mr. Justice Felix Frankfurter
Author: Larry Edwin Ray
Publisher:
ISBN:
Category : Due process of law
Languages : en
Pages : 90
Book Description
Publisher:
ISBN:
Category : Due process of law
Languages : en
Pages : 90
Book Description
Felix Frankfurter: The judge
Author: Wallace Mendelson
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 312
Book Description
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 312
Book Description
Justices Black and Frankfurter
Author: Wallace Mendelson
Publisher:
ISBN: 9780226519807
Category : Biography & Autobiography
Languages : en
Pages : 168
Book Description
Purpose is to explore the nature of the Supreme Court Justice's job, by examining the work of Justices Black and Frankfurter, who represent differing traditions in American jurisprudence.
Publisher:
ISBN: 9780226519807
Category : Biography & Autobiography
Languages : en
Pages : 168
Book Description
Purpose is to explore the nature of the Supreme Court Justice's job, by examining the work of Justices Black and Frankfurter, who represent differing traditions in American jurisprudence.
The Constitutional World of Mr. Justice Frankfurter
Author: Felix Frankfurter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 360
Book Description
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 360
Book Description
Law and Politics
Author: Felix Frankfurter
Publisher: Gloucester, Mass. : P. Smith, c1967, 1971 printing.
ISBN:
Category : Law
Languages : en
Pages : 392
Book Description
Publisher: Gloucester, Mass. : P. Smith, c1967, 1971 printing.
ISBN:
Category : Law
Languages : en
Pages : 392
Book Description
Felix Frankfurter
Author: Helen Shirley Thomas
Publisher: JHU Press
ISBN: 1421435349
Category : Biography & Autobiography
Languages : en
Pages : 371
Book Description
Originally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.
Publisher: JHU Press
ISBN: 1421435349
Category : Biography & Autobiography
Languages : en
Pages : 371
Book Description
Originally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.