A thoughtful but ultimately unpersuasive attack on recent Supreme Court decisions. In The Politics of Law (1982), Kairys (Law/Temple University) argued that ``law is simply politics by other means.'' Similarly, he now debunks the idea that the rule of law has any rational basis other than the disparate political and cultural views of judges who make legal decisions. Kairys argues that for both liberal and conservative judges, ``loyalty to supposed legal principles—both substantive principles and principles of decision making—is selective, value-laden, and result-oriented.'' Although this disturbing conclusion appears overstated—while politics informs law, and decisional law is sometimes inconsistent, many would argue that legal rules have some objective basis—it lies at the heart of the author's analysis of the Supreme Court's decisions on the First Amendment, privacy, due process, and equal protection. Kairys rightly points out that the current Supreme Court is very much an activist court, seeking to limit access to federal courts and to curtail substantive rights. He also adroitly skewers the many internal inconsistencies, tortured misreadings of statutes and precedents, and even logical absurdities underlying recent Supreme Court decisions. The difficulty with his argument is that once he's postulated that legal reasoning is merely a value-laden rationalization for preconceived results, he loses any principled basis on which to criticize the reasoning of decisions that he disagrees with, except to point out that he has different values. Kairys doesn't so much argue as make a series of conclusive statements, some persuasive but most not. As he candidly admits, ``my analysis provides no more a determinate set of rules than the formulations that I have criticized.'' Kairys's anarchic vision of judicial decision-making is troubling, but he's on target in pointing out the Supreme Court's apparent agenda and its effect on recent decisions.
Pub Date: May 31, 1993
ISBN: 1-56584-071-2
Page Count: 256
Publisher: The New Press
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: April 1, 1993
Categories: CURRENT EVENTS & SOCIAL ISSUES | U.S. GOVERNMENT
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BOOK REVIEW
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
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A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
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“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.
It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.Pub Date: Nov. 12, 2019
ISBN: 978-1-61039-950-0
Page Count: 432
Publisher: PublicAffairs
Review Posted Online: Aug. 28, 2019
Kirkus Reviews Issue: Sept. 15, 2019
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