The Gallows in the Grove: Civil Society in American Law

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Greenwood Publishing Group, 1997 - 252페이지

Writing of the France of the 1930s, the late Simone Weil declared, The state has morally killed everything smaller than itself. Liebmann asserts that a comparable development has recently taken place in the United States, fostering civic apathy and an inability to address serious social problems, and that, not for the first time, abuse of judicial review has caused the Constitution to be used as a tool of class interests. After a general survey of these consequences, Liebmann discusses the original constitutional debates and understanding. He then assesses First Amendment doctrine, through a discussion of the views of Harry Kalven, the most influential modern commentator on free speech issues, and then discusses the appropriate relationship of constitutional restraints to governmental fostering of public policy, on zoning, education, law enforcement, urban renewal, day care, traffic regulation, and care of the elderly, and illustrates the hopeful developments that are possible if judicial restraint is restored. A significant analysis for all scholars and researchers in the areas of constitutional law and current American public policy and politics.

 

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The Gallows in the Grove Civil Society in American Law
3
A Political Constitution
23
Delegation to Private Parties in American Constitutional Law
43
RESTORING JUDICIAL MODESTY
109
The Core of the First Amendment
111
Lawyers and the Poor
141
The Federal Injunction and the Federal Criminal Law A Dangerous Explosion
147
The Abortion Distortion
153
Reviving Social Work A Prophet Remembered
173
Neighborhood Zoning
183
The Schools Nostrums and Reforms
201
New Forms of Neighborhood Organization Land Readjustment Associations Street Associations Old Age Clubs Playgroups Advice Bureaux and Volu...
221
Conclusion
239
Select Bibliography
241
Authors Bibliography
245
Name Index
247

REVIVING CIVIL SOCIETY
161
Community and Law Enforcement Back to the Future
163

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v 페이지 - But now all is to be changed. All the pleasing illusions which made power gentle and obedience liberal, which harmonized the different shades of life, and which, by a bland assimilation, incorporated into politics the sentiments which beautify and soften private society, are to be dissolved by this new conquering empire of light and reason. All the decent drapery of life is to be rudely torn off.
3 페이지 - ... laws are to be supported only by their own terrors, and by the concern, which each individual may find in them, from his own private speculations, or can spare to them from his own private interests. In the groves of their academy, at the end of every visto, you see nothing but the gallows.
v 페이지 - On the scheme of this barbarous philosophy, which is the offspring of cold hearts and muddy understandings, and which is as void of solid wisdom, as it is destitute of all taste and elegance, laws are to be supported only by their own terrours, and by the concern, which each individual may find in them, from his own private speculations, or can spare to them from his own private interests.

저자 정보 (1997)

GEORGE W. LIEBMANN is a practicing lawyer in Baltimore and the author of Little Platoons: Sub-Local Governments in Modern History (Praeger, 1995) and numerous articles on constitutional and administrative law. He has been a lecturer at Johns Hopkins University, the University of Maryland Law School, and the University of Salford, and a Simon Industrial and Professional Fellow at the University of Manchester. In 1996, he was a Visiting Fellow at Wolfson College, Cambridge.

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