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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Stewards of Democracy

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ISBN13: 9780813368320
ISBN: 0813368324
Published: January 2000
Publisher: The Perseus Books Group
Format: Hardback
Price: £21.99

Argues that judges, lawyers, and law schools should emphasize experience and character over reason or arcane learning, to create a more democratic legal profession in tune with the public interest.. Stewards of Democracy beckons judges, lawyers, and those aspiring to become lawyers to a professional tradition supportive of the institutions of self-government. It challenges the beliefs of many American judges, legal scholars, law teachers, and students that political decisions can often best be made by high courts who are independent of the citizens they purport to govern. Among those challenged to reconsider their roles are the Supreme Court of the United States, eminent legal scholars, distinguished law school, and widely read journalists, all of whom reinforce one another in the belief that they know best how Americans should live. The careers of Thomas Cooley, Louis Brandeis, Ernst Freund, Learned Hand, and Byron White are considered as examples of the contrary tradition respectful of democracy as the source of the political, economic, and social stability required to sustain other valued rights.;Stewards of Democracy is a celebration of a moral tradition famously observed by Alexis de Tocqueville through the eyes of Francis Lieber, a Prussian emigr 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. Cooleys 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 h;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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An Embattled Faith A Celebration The Brahmin Hosts The Barnburner Persuasion Legal Education for the People Law and the Lightning of Genius The Supreme Court in Jacksonian Perspective Deference to Democracy: A Barnburning Court A Nineteenth-Century Classic The Civil War Amendments Industrialization Rails The Advent of Federal Administrative Law Three Progressives Louis Brandeis Ernst Freund Learned Hand A New Age of Judicial Heroism Ineffective Judicial Heroics First Amendment Heroics The Contagion of Judicial Heroism Academic Law and Judicial Heroism Byron White, Outcast Justice The Political Economy of Legal Education Prospect