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Book Cover
E-book
Author Sarat, Austin

Title Dissenting Voices in American Society : the Role of Judges, Lawyers, and Citizens
Published Cambridge : Cambridge University Press, 2012
Online access available from:
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Description 1 online resource (252 pages)
Contents Cover; DISSENTING VOICES IN AMERICAN SOCIETY; Title; Copyright; Dedication; Contents; Contributors; Acknowledgments; Dissent and the American Story: An Introduction; 1: The Ethics of an Alternative: Counterfactuals and the Tone of Dissent; Forster's Counterfactual Imagination; From Counterfactual Experience to Factual Judgment: Rusk v. State; Comment on Chapter 1: The Role of Counterfactual Imagination in the Legal System: Misplaced Judgment or Inevitable Dissent?; I. The Counterfactual Imagination as Dissent in Literature
II. The Misuse of the Counterfactual Imagination in Legal Reasoning: The Lesson of Rusk v. StateIII. The Usurpation of Jury Power: An Increasing Problem Right out of the Box; IV. Counterfactual Imagination: A Delicate and Dangerous Enterprise for Jurors and Judges Alike; Conclusion; 2: American Animus: Dissent and Disapproval in Bowers v. Hardwick, Romer v. Evans, and Lawrence v. Texas; Bowers v. Hardwick; Romer v. Evans: In Defense of Animus; A Culture of Animus; Moral Opprobrium and the Voice of the People: The Opposite of Animus; Dissenting against Animus; Lawrence v. Texas
Regenerating Animus or, Animus as Punitive; Animus as Zero-Sum Game; Conclusion; Comment on Chapter 2: Animus-Supported Argument versus Animus-Supported Standing; 1. Lee's American Animus: A Basis for Law; 2. Animus, However Much a Basis for Law, Is Not a Basis for Legal Standing; 3. Standing for Animus in Gay-Marriage Litigation?; 4. Animus-Based Standing for Conservative Litigants?; 3: Dissent and Authenticity in the History of American Racial Politics; I. Why Write the History of Dissenters?; II. Two Lawyers, and a Generational Divide; III. Dissent and Conformity in a Southern Courtroom
IV. The Strange Journey of Loren MillerV. Re-writing the History of Dissent; Comment on Chapter 3: Dissenters as Dissidents: Charles Hamilton Houston and Loren Miller; 4: The Legal Academy and the Temptations of Power: The Difficulty of Dissent; I. Do We Believe in Legal Expertise?; II. Sources of Temptation; III. Current Debates Concerning Presidential Power; IV. The Difficulty of the Problem; Comment on Chapter 4: Why Dissent Isn't Free: A Commentary on Pildes's "The Legal Academy and the Temptations of Power"; 1. More Than Guns for Hire; 2. Internal Institutional Risks to Dissent
3. Limits on Dissent in the Marketplace of Ideas5: Why Societies Don't Need Dissent (as Such); Comment on Chapter 5: Questioning the Value of Dissent and Free Speech More Generally: American Skepticism of Government and the Protectionof Low-Value Speech; I. Dissent -- Indeed Most Speech -- Lacks Much Objective Social Value; II. Pervasive Fear Rather Than Intrinsic Value Undergirds the Protection of Expressive Freedom in the United States; III. The Wider World Does Not Share the Pervasive U.S. Concern with Abusive Use of Government Power and Reposes Greater Trust in the State
Summary A collection of essays and commentary that explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture
Notes IV. The Distrust Principle in Action in the Supreme Court's Modern Free Speech Jurisprudence
Bibliography Includes bibliographical references and index
Notes English
Print version record
Subject Dissenting opinions -- United States -- Congresses
Judicial opinions -- United States -- Congresses
Dissenters -- Legal status, laws, etc. -- United States -- Congresses
LAW -- General.
Dissenters -- Legal status, laws, etc.
Dissenting opinions
Judicial opinions
United States
Genre/Form Conference papers and proceedings
Form Electronic book
ISBN 9781139232234
1139232231
1107014239
9781107014237
9781139013635
1139013637
9781139233774
1139233777
1107229774
9781107229778
1139233009
9781139233002
9786613580665
661358066X
1139230786
9781139230780