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Crittenden, Jack. Democracy's Midwife: An Education in Deliberation. Lexington Books,
2002. 248p bibl index afp ISBN 0739103296 pbk, $26.95
Dworkin (law and philosophy, New York Univ.), a respected judicial scholar,
attempts to provide a "general theory" of law, while identifying three
necessary stages of legal analysis: semantics, jurisprudential, and doctrinal.
The combination of these three components provides the basis for a deeper
understanding of the authentic interconnectivity between law and morals,
according to Dworkin. The work consists of eight previously published essays
and one new essay; it possesses the typical limitations of an edited collection
of essays composed by a single author over an extended period of time (a
decade and a half). Many worthwhile topics are examined, but the collection
lacks thematic cohesion and purpose. Chapters one through three are
critiques of Richard Rorty, Stanley Fish, Cass Sunstein, and Richard Posner.
Chapter four is devoted to refuting Isaiah Berlin's alleged "moral pluralism."
The remaining five chapters are assessments of H. L. A. Hart, Antonin Scalia,
John Rawls, and other thinkers, as well as a defense of Dworkin's earlier
scholarship. Finally, Dworkin's attempted refutation of "originalism" is
predictable, given his well-known opinions on the subject. Summing Up:
Recommended. Graduate students through practitioners.
--H. L. Cheek Jr., Brewton-Parker College
This edited volume presents a readable, erudite argument for the return of a
centrist agenda in US public life. The 14 chapters by respected scholars are
arranged under six major themes: the vital center, Social Security and health
care, diversity and unity, security, citizenship, and environmental and
electoral reform. The authors seek to encourage a "rebirth of a spirit of unity
and compromise" within US politics. Claims about the bifurcated nature of
the American electorate made by pollsters and political observers are
disputed in a comprehensive manner. In fact, the authors suggest an
important degree of national unity has prevailed in many areas, although
"polarization" has reigned in Congress and in the news media. The first two
chapters form the heart of the volume. In chapter 1, Yankelovich suggests
that Americans have created a moderate and tolerant social and political
order. In chapter 2, Garfinkle details the moderate consensus in economic
policy since WW II. Other chapters, especially chapter 5 (Alan Wolfe),
concerning religion as a unifying force in America society, are less
persuasive. Summing Up: Recommended. Upper-division undergraduates
and above.
--H. L. Cheek Jr., Brewton-Parker College
As one of the most important and engaging political thinkers of the last
century, Russell Kirk is deserving of much greater and sustained scholarly
attention than he has received. This work is part of a recent trend to correct
this longstanding deficiency. Russello (affiliated scholar, Seton Hall) attempts
to critique Kirk's writings by examining five aspects of his thought: overall
mission; interpretation of history; political life; jurisprudence; and his
criticism of modern life (Kirk's "counternarrative"). Kirk's active engagement
with society and politics is detailed, and those who have neglected his work-viewing Kirk as either an advocate of "nostalgia" or a "static version of some
ideal past"--are introduced to the more engaging potentialities of his
achievement. The vital role of tradition and history for Kirk are explored with
great clarity and sensitivity, along with Kirk's views of politics and
statesmanship. The treatment of the interconnection between natural law
and American constitutionalism in Kirk's writings also deserves
commendation. In this important book, Russello provides a sagacious
refutation of the often unreflective criticisms of Kirk, while affirming the
vitality of his thought for contemporary politics. Summing Up: Highly
recommended. All readership levels.
--H. L. Cheek Jr., Brewton-Parker College
Popkin (Indiana Univ., School of Law) analyzes the evolution of "the public face of
the judiciary," judicial opinions. The central task of this book is to interpret how
judges present their opinions, focusing upon the importance of political goals, legal
culture, and institutional and individual stylistic considerations. Chapter 1 examines
the development of judicial opinion in England. Chapters 2-4 survey the maturation
of judicial opinion writing in the US from an institutional perspective. The critique of
the American tradition's "antecedents," including Montesquieu, Blackstone, early
state constitutions, and the Constitutional Convention, is most helpful. Chapters 5
and 6 assess "contemporary [American] judicial practice" regarding opinions. The
most troublesome aspect of the work is the author's remedy for the decline of the
efficacy of judicial opinions. Popkin encourages judges to adopt a "greater use of the
personal voice and exploratory tone" in writing their opinions; however, his
suggestion could potentially promote more judicial activism and a departure from
traditional sources of the law. This work constitutes a perspicacious guide to
recovering the vitality and importance of judicial opinions, and it offers
recommendations for the proper mission of judges within a changing legal culture.
Summing Up: Recommended. Upper-division undergraduate, graduate, research,
and professional collections.
--H. L. Cheek Jr., Brewton-Parker College
In this innovative and erudite study, Bederman (Emory Univ.) surveys the influence
of classical works on the American founding generation. A convincing argument for
the Founding Fathers' use of classical ideas is lucidly advanced. The book offers a
more historically accurate and philosophically coherent argument than other recent
volumes on the topic. Chapter 1 details the role of classical learning in the
education, legal training, and shaping of the worldview of the Founders. Chapter 2
suggests the "models" of political life imparted to the Founders' by their study of
classical sources. Chapters 3 and 4 document the Founders' use of ancient history in
drafting the US Constitution, with special attention to what Bederman describes as
the five central elements of constitutional design--"federalism, bicameralism, a
unified executive, an independent judiciary, and foreign relations power." The
author defends the importance of original intent, with limitations, while concluding
that the Founders' use of ancient sources was "instrumental and pragmatic."
Summing Up: Highly recommended. All readership levels.
--H. L. Cheek Jr., Brewton-Parker College
With the current renaissance of interest in natural law among students of politics
and law, this collection of ten essays and an afterword in defense of the concept will
be of interest to a diverse readership. The book consists of previously published
essays and lectures that provide a useful introduction to the importance of natural
law. The book is divided into a section of essays on the "foundational principles of
good and evil" and a section devoted to explicating the implications of natural law
for politics. The first half offers engaging analyses of natural law as the embodiment
of truth about the constitution of the human person, philosophical reality, and
revelation. The second half confronts the relationship between natural law and
several contemporary issues, including capital punishment and the limits of
liberalism. Budziszewski (Univ. of Texas) writes in an accessible style that
encourages the reader to ponder the significance of natural law for the modern
world, while he argues that the concept is "embedded into the structure of
creation." Summing Up: Recommended. All readership levels.
--H. L. Cheek Jr., Athens State University
In this volume, Strauss (law, Univ. of Chicago) provides an accessible and lucid
refutation of originalist jurisprudence. In six chapters containing both new and
previously published scholarship, originalism is analyzed as a flawed approach to
interpreting the Constitution (chapter 1). The common law as the basis for American
constitutionalism is defended (chapter 2), the "evolutionary common law" is applied
to issues of speech and race (chapters 3 and 4), and the challenges of utilizing a
written constitution are discussed (chapters 5 and 6). Unfortunately, the author's
occasionally unreflective attitude toward originalism is most obvious when he
argues incorrectly that the concept "cannot even claim the one advantage it
purports to have over living constitutionalism," namely, the ability to limit judicial
activism. Another weakness of an otherwise insightful critique is the author's
omission of the nuances of the common law, especially in terms of how the common
law contributes to a variety of modes of democratic theory. Regardless of how one
interprets the Constitution, this volume will force the reader to reconsider
fundamental assumptions about the nature of constitutional interpretation and the
American regime while encountering a passionate defense of "an evolutionary form
of living constitutionalism." Summing Up: Recommended. All readership levels.
--H. L. Cheek Jr., Athens State University
In this lucid and highly readable "defense of human dignity" and rights, Kateb
(Princeton Univ.) explicitly avoids the use of theological insights, preferring the
autonomous individual and human reason as his guides. For Kateb, the equal status
of persons and the dignity of the person are not synonymous with the dignity of the
species. Human "stature" is viewed as individual achievement. Kateb predictably
values the individual over the community, often discounting the importance of
communitarian achievements to the promotion of human dignity. While exhibiting
much perceptiveness, this study approaches human dignity with what some readers
will view as overly modest expectations, perhaps not unrelated to the author's
refusal to fully assess the contribution of religious thinking on the topic. In
defending the "inviolability" of human rights on moral and existential grounds, the
Golden Rule is offered as the best guide for private morality, while a humane
constitution is presented as the "best public morality." Kateb's critique of many
prominent thinkers, including Peter Singer and J. S. Mill, and his provocative
application of a theory of human dignity and rights to contemporary politics, are
significant accomplishments. Summing Up: Recommended. All readership levels.
--H. L. Cheek Jr., Gainesville State College
This thoughtful book seeks to "consider the role of emotions in constitutional law,
accepting that one cannot understand human behavior and law as a purely rational
venture." Saj (Central European Univ.), a practicing judge at the European Court of
Human Rights, offers a compelling legal and theoretical alternative to the
positioning of reason and emotion as the extremes of jurisprudential thinking, while
also explicating the pivotal function emotion assumes in constitutional design and
law. The book consists of seven chapters. The first chapter is an introduction to the
author's argument on the behalf of a social constructivist concept of emotion, as
well as the disadvantages of neglecting emotion more generally. The second
chapter outlines the importance of "enhanced emotions" as defined by the French
Declaration of Rights. The third and fourth chapters detail the role that the emotions
of fear and empathy have assumed in modern politics. The fifth and sixth chapters
articulate how emotion is pivotal to defenses of freedom of speech and assembly.
The final, and arguably the most compelling, chapter argues for the importance of
shame as a corrective emotion for past injustices, and the "recognition of
responsibility." Summing Up: Highly recommended. All readership levels.
--H. L. Cheek Jr., Gainesville State College
In this engaging and discursive study dedicated to interpreting the "character and
thought" of Tocqueville, Kaledin (emer., history, Massachusetts Institute of
Technology) concentrates upon the ancillary and "darker" (less than optimistic)
legacies of Tocqueville's writings and views on politics and society. While expressing
admiration for Tocqueville, Kaledin is more devoted to explicating the weaknesses of
Tocqueville as a political thinker, concluding "he was a disharmonious man, full of
disunited passions and impulses." The book is divided into four sections. The first
part attempts to survey the formative influences on Tocqueville and his Democracy
in America, stressing his "triple-alienation," ambivalence, and aristocratic
tendencies. The second, more rewarding and succinct part of the study analyzes
Tocqueville's "political passion," and situates the great Frenchman within his own
political tradition. The third part examines Tocqueville's writing of Democracy in
America as an effort to critique the "fate of liberty" in the modern world. The final
part attempts to defend Tocqueville's "darker, more apprehensive" view of the
American polity. Unfortunately, Tocqueville's defense of a constitutionally restrained
political order, premised on the diffusion of authority, cannot be easily reconciled
with the author's interpretation of Tocqueville. Summing Up: Optional. Upperdivision undergraduate, graduate, and research collections.
--H. L. Cheek Jr., Gainesville State College
In a lengthy and readable book, White (philosophy, Arizona State Univ.) provides a
capable introduction to major political philosophers in the Western tradition.
Generally, the book follows a traditional approach by surveying seminal thinkers
and texts, but the author, influenced by recent efforts to place political philosophy
"within the context of a more comprehensive moral, philosophical, or religious point
of view," provides a supplemental basis of analysis for the reader to contemplate as
well. The underlying argument of the book is most laudable, but insufficient use is
made of the recent scholarship that most closely conforms to this mode of
interpretation. As a second edition, the book includes a new chapter on Cicero, and
new sections on Marsilius of Padua and John Stuart Mill. The chapter on Cicero
addresses the interconnectivity between reason and morality in Cicero's political
thought. Additional contributions of the book are the author's attempt to introduce,
and then explicate, the "enduring issues" of political philosophy as a framework for
better understanding contemporary politics, and the thoughtful treatment of
Christianity's role in shaping the political thought of the West. Summing Up:
Recommended. All readership levels.
--H. L. Cheek Jr., University of North Georgia
Though this profound, elegantly written and translated work will not appeal to all
scholars of political thought, Jaume (Centre Recherches Politiques de Sciences Po,
France) nevertheless provides many insights into the life and work of the great
French student of American social and political life. Emphasizing the contribution of
Democracy in America, Jaume suggests that the best interpretative model for
understanding Tocqueville incorporates an appreciation of his historical context.
Jaume argues that Tocqueville should not be considered the "contemporary" of
current readers, an acknowledgement of his attachment to French ideas and a
realization of the opaque nature of his critique (a "palette of meanings"). Jaume
proceeds to analyze Tocqueville as a political scientist, sociologist, moralist, and
literary figure. As a political scientist, Tocqueville was an advocate of popular rule
with an organic view of politics and a defender of the diffusion of political authority
and localism. Society begets political arrangements, and for Tocqueville, "society
creates paths to its own ends." As a moralist, Tocqueville attempted to unite the
"telos of democracy and the dignity of man." Finally, as a writer, Tocqueville was an
"aristocratic moralist." Summing Up: Recommended. All readership levels.
--H. L. Cheek Jr., East Georgia State College
In the first part of a two-volume survey of political thought, Nemo (ESCP Europe)
approaches the field of study in a manner different from many American authors.
Appealing to readers with "little prior knowledge" of political thought, he provides a
lucid, engaging introductory volume that will enlighten both novices and specialists.
The use of "historical context" combined with exceedingly accurate interpretations
of primary texts and the absence of ideological frameworks contributes to the high
overall quality of the book. The work is organized into three long sections: part 1,
Ancient Greece; part 2, Rome; and part 3, the Christian West. In the introduction to
part 3, the author provides a survey of the "political ideas" of the Bible, including an
accessible overview of Hebrew political thought. Important yet often neglected
figures in Christian political thought, including Tertullian, Origen, and many others,
are analyzed succinctly yet thoughtfully. This valuable and readable book deserves
a wide readership. Summing Up: Highly recommended. All readership levels.
--H. L. Cheek Jr., East Georgia State College
In this imaginative and readable book, Cameron (Univ. of British Columbia) provides
a learned defense of the separation of powers. While not disputing the importance
of the separation of powers as a source of restraint in democratic theory, the author
contends that the concept allows for collective action, which can promote and
sustain democratic regimes. Other conceptions of the separation of powers are
integrated into his critique, as well as the importance of divided power in promoting
the survival of any government. The separation of powers, if rightly understood,
actually strengthens regimes. The refinement of democratic institutions is also
based on the "social-cognitive" aspects of politics, especially the use of language
that encourages "collective organization." The value of a written constitution is yet
another extension of this analysis. Other factors in addition to language, including
collective bargaining and "democratized" technologies, can aid the evolution of the
"social-cognitive" contribution to the separation of powers. For the nonspecialist,
the book also contains many useful assessments of a wide range of political
thinkers, from Aristotle to F. A. Hayek. The tome is one of the most insightful
defenses of the separation of powers to appear in many years. Summing Up:
Highly recommended. Upper-division undergraduate, graduate, and research
collections.
--H. L. Cheek Jr., East Georgia State College
While accepting the centrality of The Federalist Papers to American politics, Frank
(Cornell Univ.) argues that the success of the text has made some of its key insights
"obscure or illegible." A shared vision of the authors is defended (Publius), while the
attempt to unlink the contributions of Alexander Hamilton, James Madison, and John
Jay is refuted. Unfortunately, other scholars, especially George W. Carey, have more
persuasively defended the concept of a unified Publius and discredited the "split
personality" thesis of earlier scholarship with greater textual accuracy. Chapter 1
addresses the challenge of constituency, or the means citizens assume in creating a
republic. Chapter 2 explicates the importance of political imagination in the
promotion of ratification. The role of political imagination aids the author's thesis,
but the concept deserves more refinement. Chapter 3 examines the role of interest
as central to Publius's theory of political obligation. Chapter 4 surveys the influence
of Leo Strauss and his epigones in the interpretation of the text. The seminal
contribution of W. B. Allen and more recent scholarship on the Anti-Federalists are
ignored. The last chapter convincingly connects The Federalist Papers with the
continued evolution of and need for civic engagement. Summing Up:
Recommended. All readership levels.
--H. L. Cheek Jr., East Georgia State College
Integrating the insights of political theory and classics, Balot (Univ. of Toronto,
Canada) offers a refinement of the concept of democratic courage and explains why
the concept is important for contemporary political life. In fact, he argues that
democratic courage is vital for a free society that must confront a dangerous and
hostile world that is not of our own making. The book attempts to provide an
account of courage as a central virtue of the Athenian democracy. In defining the
elements of Athenian courage, the author stresses the need to protect the city,
facilitate public deliberation, and express emotional sentiments. The authors
strong and convincing defense of the need to study the Athenian model of
democratic courage is premised by discussions on the influence the model had
upon Plato and Aristotle, the example it furnishes for current discussions of
democratic courage today, and the need for a greater appreciation of the Athenian
democratic experience. The roles of shame, tragedy, and human flourishing in the
development of democratic courage are also analyzed. Finally, the books
discussion of the relationship between democracy and courage has many
ramifications that deserve to be carefully pondered. Summing Up: Recommended.
Undergraduate, graduate, and research collections
--H. L. Cheek Jr., East Georgia State College
In this thoughtful and careful study, Schlosser (Bryn Mawr College) revisits the
vitality of Socrates as a political thinker who encouraged contesting democracy
through questioning and dialogue. Instead of accepting the well-established
depictions of Socrates as harming Athenian political culture (e.g., I. F. Stone) or
functioning in an essentially apolitical manner (e.g., Sheldon Wolin), the author
provides an integrative defense of Socrates and the continued relevance of his
thought to the study of politics. Socrates the ironic or esoteric thinker is rejected in
favor of Socrates as an advocate of strangeness, challenging previous analyses by
Gregory Vlastos and Leo Strauss. Socrates becomes an advocate of enduring
dissonance for living the examined life. Other important issues raised in the
book include new insights regarding the nature of Socratic citizenship and the
Socratic model of free speech. Socratic citizenship, as defined by the accountability
of the citizenry, can provide a more prudent basis for a regime. With a deeper
appreciation of the Socratic understanding of free speech, a more inclusive and
collective representation of the citizenry can also be envisioned. Summing Up:
Recommended. General readers, upper-division undergraduates, and above.
--H. L. Cheek Jr., East Georgia State College
This edited volume by Gordon (Univ. of Connecticut) and Roberts (Williams College)
contains an introduction, ten essays, and a bibliography. The work attempts to
challenge existing barriers in comparative political theory by creolizing Rousseau,
or identifying his strong resonance in Caribbean thought and politics. Though
the approach and thematic core of the book holds some promise, the concept may
also allow a thinker, especially Rousseau, to be used in an ideological or a
deformative manner. However, the attempt to enlarge the range of relevant
interlocutors also offers the possibility for the advancement of knowledge. Another
limitation of the work is its reliance on Marxist analysis (e.g., C. L. R. James and
Frantz Fanon). The essays in this collection vary considerably in terms of scope and
modes of analysis. Some essays will appeal only to specialists; however, chapter 3
(Mickaella Perina) and chapter 8 (Neil Roberts) are significant contributions in their
own right. Unfortunately, the collection is weakest when comparing Rousseau to
Caribbean emphases and strongest when relating Rousseau to the history of
political thought. Summing Up: Recommended. Graduate, research, and
professional collections.
--H. L. Cheek Jr., East Georgia State College
This volume is the third in a series of collections from scholars associated with the
law and literature movement. A broad group of academics contributed, especially
judges and literature and law professors. The goal of the series and this book is to
examine how literature interprets norms and stereotypes and promotes a fuller
understanding of the role played by law in society. Edited by the eminent
philosopher Nussbaum (Univ. of Chicago) and law professor Levmore (Univ. of
Chicago), the collection attempts to explicate the concept of manliness. The book is
organized into two sections: the first part concentrates upon prevailing views of
manliness, including essays on Hemingway, Melville, and contemporary works of
fiction. The second part of the book contains essays on alternative views of
manhood (outsiders) and includes essays on Jewish masculinity, James Baldwin,
Barack Obama, and others. The lack of thematic cohesion and unevenness among
the essays constitutes a serious weakness of the volume. Summing Up: Optional.
Lower-division undergraduates and above.
--H. L. Cheek Jr., East Georgia State College