Ebook329 pages8 hours
The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
Rating: 0 out of 5 stars
()
About this ebook
How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political.
To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
Related to The Cloaking of Power
Related ebooks
Edmund Burke and the Conservative Logic of Empire Rating: 0 out of 5 stars0 ratingsMontesquieu and the Despotic Ideas of Europe: An Interpretation of "The Spirit of the Laws" Rating: 0 out of 5 stars0 ratingsRepublics Ancient and Modern, Volume II: New Modes and Orders in Early Modern Political Thought Rating: 4 out of 5 stars4/5The Opinion of Mankind: Sociability and the Theory of the State from Hobbes to Smith Rating: 4 out of 5 stars4/5Supreme Court Justice Joseph Story: Statesman of the Old Republic Rating: 4 out of 5 stars4/5The Catholic Writings of Orestes Brownson Rating: 5 out of 5 stars5/5The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr. Rating: 0 out of 5 stars0 ratingsHarmful Thoughts: Essays on Law, Self, and Morality Rating: 0 out of 5 stars0 ratingsDelphi Collected Works of Alexis de Tocqueville (Illustrated) Rating: 0 out of 5 stars0 ratingsBeyond Politics: The Roots of Government Failure Rating: 4 out of 5 stars4/5That Religion in Which All Men Agree: Freemasonry in American Culture Rating: 5 out of 5 stars5/5Michael Oakeshott on Hobbes: A Study in the Renewal of Philosophical Ideas Rating: 0 out of 5 stars0 ratingsMachiavelli's Virtue Rating: 3 out of 5 stars3/5Philosophy and Civilization in the Middle Ages Rating: 0 out of 5 stars0 ratingsMacaulay's Life of Samuel Johnson, with a Selection from his Essay on Johnson Rating: 0 out of 5 stars0 ratingsThe Life of Hugo Grotius Rating: 0 out of 5 stars0 ratingsThe Henry Adams Collection: 4 Classic Works Rating: 0 out of 5 stars0 ratingsHistory in Financial Times Rating: 0 out of 5 stars0 ratingsJames Madison and the Future of Limited Government Rating: 0 out of 5 stars0 ratingsThe Life of Cicero, Volume One Rating: 0 out of 5 stars0 ratingsAn English Spring: Memoirs Rating: 5 out of 5 stars5/5Reflections of a Political Economist: Selected Articles on Government Policies and Political Processes Rating: 0 out of 5 stars0 ratingsHobbes's Behemoth: Religion and Democracy Rating: 0 out of 5 stars0 ratingsDivine Law and Political Philosophy in Plato's "Laws" Rating: 0 out of 5 stars0 ratingsThe Clerk's Tale: Young Men and Moral Life in Nineteenth-Century America Rating: 5 out of 5 stars5/5Catholicism and American Political Ideologies: Catholic Social Teaching, Liberalism, and Conservatism Rating: 0 out of 5 stars0 ratingsThe Essence of Christianity (Barnes & Noble Library of Essential Reading) Rating: 4 out of 5 stars4/5Machiavelli on Liberty and Conflict Rating: 0 out of 5 stars0 ratingsMachiavellian Rhetoric: From the Counter-Reformation to Milton Rating: 3 out of 5 stars3/5Conservatism: The Fight for a Tradition Rating: 3 out of 5 stars3/5
Law For You
Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsThe Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Win In Court Every Time Rating: 5 out of 5 stars5/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5Death in Mud Lick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5The Mueller Report: Final Special Counsel Report of President Donald Trump and Russia Collusion Rating: 4 out of 5 stars4/5When Harry Became Sally: Responding to the Transgender Moment Rating: 3 out of 5 stars3/5Family Trusts: A Guide for Beneficiaries, Trustees, Trust Protectors, and Trust Creators Rating: 5 out of 5 stars5/5Make Your Own Living Trust Rating: 4 out of 5 stars4/5Jews Don’t Count Rating: 4 out of 5 stars4/5The Common Law Rating: 4 out of 5 stars4/5
Reviews for The Cloaking of Power
Rating: 0 out of 5 stars
0 ratings
0 ratings0 reviews
Book preview
The Cloaking of Power - Paul O. Carrese
Enjoying the preview?
Page 1 of 1