Clarence Thomas and the Tough Love Crowd
Реклама. ООО «ЛитРес», ИНН: 7719571260.
Оглавление
Ronald Suresh Roberts. Clarence Thomas and the Tough Love Crowd
About NYU Press
Clarence Thomas and the Tough Love Crowd
Contents
Acknowledgments
Preface: The Tough Love Crowd: Disciplined Heroes
1 Reality: The Opium of Progressives
The Atrocity of Tough Love
The Tough Love Fact Trap
Tough Professional Trafficking
Why the Toughs Need Truth
2 Julien Benda’s Constitution
Julien Benda’s Politics
The Consequences of Benda’s Ideal
The Tough Love Crowd’s Troubled Loyalty to Julien Benda
3 Tough Love Literati
4 Tough Love Economist
5 Tough Love Lawyers
Will “One Lave” Work Right Now?
Is Judas Defunct in Law?
The Slipperiness of Common Ground
Just How Clever Is Tough Love Lawyering?
Stephen Carter’s Tough Stuff
6 Is Law Like a Friar’s Roast?
Is Law School a Friar’s Roast?
People Enact Truth
7 Can We Judge Judges?
Thomas and the Rule of Law
Why Law Absolutely Must Bind Judges
Law Doesn’t Bind Judges
Why Some Lawyers Still Think Law Binds Judges
Something Funny Is Happening
A Cultural Tyrant?
A Quack Scientist?
Cognitive Quackery
Cognitive Science in Law Is Wrongheaded
A Café Crit?
The Moral Force of Law?
The Physical Constraint of Law?
A Fish out of Water?
Judges Must Justify Pain and Death
8 Justice Thomas’s Sins. How to Nail Thomas
Thomas’s Partisanship
Thomas’s Indifference to Women
Swimming with the Barracuda: Thomas’s Utopian Conservatism
A Few Humble Feet above the Maddening Crowd
Is Thomas Bound by Legal Language?
Justice Thomas’s Failed Flight from “Policymaking”
A “Lexicon of Death”
Whn’s an Old Rule New?
Thomas Choosing Cases—and Choosing Sides
Reapportionment
Unhappy Truth
Muddled Partisanship
Thomas’s Pursuit of Fair Death
The Unhappy Death of the Innocent
The Unhappy Truth of Imperfect Trials
Unhappy Prison Conditions
Civil Rights: The Unhappy Absence of Meaningful Evidence
Civil Rights: The Unhappy Absence of Real Harm
Impartiality Is Zealotry
9 Sir Vidia Naipaul’s Revolutionary Truth
Tough Love Is an International Affair
Naipaul’s Ideal of Truth as Revolution
Naipaul’s Trojan Truth
Naipaul’s Tough Stuff
What Naipaul’s Tough Stuff Does
Conclusion: What’s So Scary about Partisanship? Partisanship Is Not Censorship
Coping with Lies
Notes. Notes to Chapter 1
Notes to Chapter 2
Notes to Chapter 3
Notes to Chapter 4
Notes to Chapter 5
Notes to Chapter 6
Notes to Chapter 7
Notes to Chapter 8
Notes to Chapter 9
Notes to Conclusion
Index
Отрывок из книги
Thank you for buying this ebook, published by NYU Press.
Sign up for our e-newsletters to receive information about forthcoming books, special discounts, and more!
.....
There is much to suggest that the incentives prevailing in the civic guilds (of law, literature, economics, the judiciary) are frequently opposed to progressive politics. Yet the Toughs rest content with a lethargic faith in the inherited ways. In this, many of the Toughs are political casualties of the quietly oppressive ideals of amateur humanism:
Humanism’s inability to attend to its own involvement, contrary to its expressed desires, in the concrete operations of power—in other words, its naive faith in aesthetic and moral “disinterest” as well as its refusal to recognize the “origins” of reason in power—frustrate its confessed desires for moral or ideological reform.17
.....