While accessible to general readers with some familiarity with leading cases and justices of the past century, this...
A novel approach to analyzing the majority and dissenting opinions of the Supreme Court.
In this slender volume, prolific legal writer Sunstein (Law/Harvard Univ.; Choosing Not to Choose: Understanding the Value of Choice, 2015, etc.) presents an original way of looking at the decisional postures of Supreme Court justices by characterizing them as assuming one of four personae. Heroes are willing to take bold action to overturn statutes and customs in response to perceived constitutional mandates. Soldiers are more deferential to the orders of the people as expressed through their elected representatives. Minimalists are open to change but prefer to accomplish it through small, incremental steps, building slowly on precedent. Mutes will use technical doctrines to avoid committing the court to any decision until public attitudes or the political process have moved the underlying issue further. No justice adopts the same persona consistently; a justice may tend to heroics in cases involving affirmative action, for example, but act as a soldier where abortion rights are at issue. While Sunstein believes that no persona is superior in all instances, he persuasively argues a preference for what he calls a "Burkean minimalist" as the persona that will most often produce sound decisions. Along the way, he includes illuminating discussions of theories of constitutional interpretation, doubts about the legitimacy of heroes invoking “abstract ideas about liberty or equality as anti-democratic swords," and clashes among the personae as revealed in the court's opinions. Carefully reasoned and clearly explained, Sunstein's approach offers a more insightful way of analyzing the positions of individual justices than resorting to simplistic ideologies or interpretive theories like "original meaning," which the author shows are of limited utility at best.
While accessible to general readers with some familiarity with leading cases and justices of the past century, this discussion will be of interest largely to law students, attorneys, and SCOTUS junkies.Pub Date: Oct. 7, 2015
ISBN: 978-0-19-022267-3
Page Count: 180
Publisher: Oxford Univ.
Review Posted Online: May 19, 2015
Kirkus Reviews Issue: June 1, 2015
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
© Copyright 2024 Kirkus Media LLC. All Rights Reserved.
Follow
Popular in this Genre
We can’t wait for you to join Kirkus!
It’s free and takes less than 10 seconds!
Already have an account? Log in.
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
Welcome Back!
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
bookshelf
