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MORAL JUDGMENT

DOES THE ABUSE EXCUSE THREATEN OUR LEGAL SYSTEM?

A leading social scientist blasts the use of social science in the courtroom, in this provocative but cranky collection of lectures delivered at Harvard. Contrary to the implications of the subtitle, Wilson (Management and Public Policy/UCLA; The Moral Sense, 1993, etc.) does not directly take on Alan Dershowitz's The Abuse Excuse (1994), a well-hyped diatribe against state-of-the-art criminal defenses such as drug addiction, black rage, PMS, and Twinkie-binging. Wilson summarily dismisses the notion that an ``avalanche'' of novel pseudo-excuses regularly results in unfair acquittals in homicide trials; the real problem, he counters, is that the job of juries has been compromised by the introduction of needlessly complicated court-made concepts (e.g., ``imperfect self-defense,'' ``premeditation,'' ``diminished capacity,'') and scientifically dubious expert testimony as to such questionable conditions as ``battered women's syndrome.'' According to Wilson, justice would be better served in homicide trials if juries could merely rely on their collective common sense to answer a short list of ``simple'' questions: Did the killing occur in self-defense? If not, was the killer insane? If the killing was intended, was the killer unreasonably provoked? Along with banishing many legal doctrines and most experts, Wilson advocates judge-run voir dires without peremptory challenges by either prosecution or defense, a more active role for judges during trials, and a ``more constrained'' appellate process. In the wake of the Simpson and Menendez trials, many would agree with such reforms, but what makes Wilson seem extremist is his intolerance for the kind of evidence that the defense customarily introduces to excuse or mitigate guilt. Was the defendant intoxicated when he committed the crime? He should've just said no. Was the homicidal wife a battered woman? ``Most of us object'' to the ``stereotype,'' Wilson weirdly declares; even if it's accurate, jurors shouldn't favor such a defendant merely on grounds of ``likability.'' Wilson's sanctimonious calls for ``individual accountability'' and his impatience with human failings fatally detract from some sensible suggestions for legal reform.

Pub Date: May 7, 1997

ISBN: 0-465-03624-4

Page Count: 144

Publisher: Basic Books

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: March 15, 1997

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THE 48 LAWS OF POWER

If the authors are serious, this is a silly, distasteful book. If they are not, it’s a brilliant satire.

The authors have created a sort of anti-Book of Virtues in this encyclopedic compendium of the ways and means of power.

Everyone wants power and everyone is in a constant duplicitous game to gain more power at the expense of others, according to Greene, a screenwriter and former editor at Esquire (Elffers, a book packager, designed the volume, with its attractive marginalia). We live today as courtiers once did in royal courts: we must appear civil while attempting to crush all those around us. This power game can be played well or poorly, and in these 48 laws culled from the history and wisdom of the world’s greatest power players are the rules that must be followed to win. These laws boil down to being as ruthless, selfish, manipulative, and deceitful as possible. Each law, however, gets its own chapter: “Conceal Your Intentions,” “Always Say Less Than Necessary,” “Pose as a Friend, Work as a Spy,” and so on. Each chapter is conveniently broken down into sections on what happened to those who transgressed or observed the particular law, the key elements in this law, and ways to defensively reverse this law when it’s used against you. Quotations in the margins amplify the lesson being taught. While compelling in the way an auto accident might be, the book is simply nonsense. Rules often contradict each other. We are told, for instance, to “be conspicuous at all cost,” then told to “behave like others.” More seriously, Greene never really defines “power,” and he merely asserts, rather than offers evidence for, the Hobbesian world of all against all in which he insists we live. The world may be like this at times, but often it isn’t. To ask why this is so would be a far more useful project.

If the authors are serious, this is a silly, distasteful book. If they are not, it’s a brilliant satire.

Pub Date: Sept. 1, 1998

ISBN: 0-670-88146-5

Page Count: 430

Publisher: Viking

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: July 15, 1998

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THE BOOK OF GENESIS ILLUSTRATED

An erudite and artful, though frustratingly restrained, look at Old Testament stories.

The Book of Genesis as imagined by a veteran voice of underground comics.

R. Crumb’s pass at the opening chapters of the Bible isn’t nearly the act of heresy the comic artist’s reputation might suggest. In fact, the creator of Fritz the Cat and Mr. Natural is fastidiously respectful. Crumb took pains to preserve every word of Genesis—drawing from numerous source texts, but mainly Robert Alter’s translation, The Five Books of Moses (2004)—and he clearly did his homework on the clothing, shelter and landscapes that surrounded Noah, Abraham and Isaac. This dedication to faithful representation makes the book, as Crumb writes in his introduction, a “straight illustration job, with no intention to ridicule or make visual jokes.” But his efforts are in their own way irreverent, and Crumb feels no particular need to deify even the most divine characters. God Himself is not much taller than Adam and Eve, and instead of omnisciently imparting orders and judgment He stands beside them in Eden, speaking to them directly. Jacob wrestles not with an angel, as is so often depicted in paintings, but with a man who looks not much different from himself. The women are uniformly Crumbian, voluptuous Earth goddesses who are both sexualized and strong-willed. (The endnotes offer a close study of the kinds of power women wielded in Genesis.) The downside of fitting all the text in is that many pages are packed tight with small panels, and too rarely—as with the destruction of Sodom and Gomorrah—does Crumb expand his lens and treat signature events dramatically. Even the Flood is fairly restrained, though the exodus of the animals from the Ark is beautifully detailed. The author’s respect for Genesis is admirable, but it may leave readers wishing he had taken a few more chances with his interpretation, as when he draws the serpent in the Garden of Eden as a provocative half-man/half-lizard. On the whole, though, the book is largely a tribute to Crumb’s immense talents as a draftsman and stubborn adherence to the script.

An erudite and artful, though frustratingly restrained, look at Old Testament stories.

Pub Date: Oct. 19, 2009

ISBN: 978-0-393-06102-4

Page Count: 224

Publisher: Norton

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Sept. 15, 2009

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