Description
Book SynopsisRobert Nagel''s innovative volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power.Nagel argues that the problem with the modern judicial role is cultural and political. He demonstrates that judges, especially Supreme Court justices, have degraded our political discourse, intensified social conflict, and drained moral confidence.By examining modern Supreme Court confirmation hearings along with certain classic legal writings, Nagel shows how modern lawyers have a broad consensus on how to interpret the Constitution and, more generally, how to think about law. One major component
Table of Contents1. A Ship that Will Not Turn 2. The Rise of Judicial Power 3. The Consequences of Excess 4. Thinking like a Lawyer 5. Realistic Legalism 6. High Principle and Self-Restraint 7. The Mantra of Legal Authority 8. Political Judgments 9. Training, Experience, and Instinct Appendix: Cases Cited
