Reason and History in Judicial Judgment

Felix Frankfurter and Due Process

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Social Science, Sociology
Cover of the book Reason and History in Judicial Judgment by Richard Stevens, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Richard Stevens ISBN: 9781351494649
Publisher: Taylor and Francis Publication: July 5, 2017
Imprint: Routledge Language: English
Author: Richard Stevens
ISBN: 9781351494649
Publisher: Taylor and Francis
Publication: July 5, 2017
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Economic Reform and Social Change in China by Richard Stevens
Cover of the book Using Mental Imagery in Counselling and Psychotherapy by Richard Stevens
Cover of the book Freedom and Equality (Routledge Revivals) by Richard Stevens
Cover of the book Geology & Mineralogy, Considered with Reference to Natural Theology, Volume I, 1836 by Richard Stevens
Cover of the book Digital Discussions by Richard Stevens
Cover of the book Studies in Biblical and Semitic Symbolism by Richard Stevens
Cover of the book Democracy Building and Civil Society in Post-Soviet Armenia by Richard Stevens
Cover of the book New Technology (Routledge Revivals) by Richard Stevens
Cover of the book Science 5-11 by Richard Stevens
Cover of the book Managing the Business of Empire by Richard Stevens
Cover of the book The Routledge Handbook of Migration and Language by Richard Stevens
Cover of the book The New Institutional Economics of Corruption by Richard Stevens
Cover of the book Attention Deficit Hyperactivity Disorder by Richard Stevens
Cover of the book 10 Perspectives on Innovation in Education by Richard Stevens
Cover of the book The Azande and Related Peoples of the Anglo-Egyptian Sudan and Belgian Congo by Richard Stevens
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy