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THE WORLD OF BENJAMIN CARDOZO

PERSONAL VALUES AND THE JUDICIAL PROCESS

This new biography of one of the eminences of American law is interesting yet unsatisfying, for author Polenberg's (History/Cornell Univ.) attempt to demonstrate how Cardozo the man shaped Cardozo the judge lacks necessary depth. Respected for his erudition, admired for his incisive opinions as a judge on New York State's highest court and on the Supreme Court, and beloved for his gentleness, Benjamin N. Cardozo (18701938) was much celebrated during his own lifetime. The acclaim persists six decades after his death, despite the fact that while several principal Cardozo doctrines endure, many of his most important decisions have been rejected as antiquated and inappropriate. For instance, in 1957 the New York Court of Appeals overturned Cardozo's 1914 and 1925 decisions that hospitals can't be held liable for the errors of surgeons and that universities can't be legally responsible for mistakes made by science professors that result in laboratory accidents. Polenberg appropriately and respectfully attempts to deconstruct the Cardozo legend, arguing that he lacked sufficient emotional experience to inform his judicial decisions. For example, in reviewing a rape case, Cardozo's repressed and naive views on sex prompted him to advance the now totally discredited legal assertion that an ``unchaste'' woman would not likely resist sexual advances. Indeed, Polenberg shows that Cardozo sometimes distorted or ignored salient facts to make his judicial decisions conform to his personal sense of morality. The weakness of the book, however, is that Polenberg defends his positions by discussing a handful of admittedly important decisions in excessive detail, at the expense of a thorough analysis and critique of Cardozo's body of work. Not every Cardozo ruling would bear out Polenberg's thesis. It is well acknowledged in modern legal theory that judges are strongly influenced by their emotions and experiences when molding law; thus, the reader might expect more from Polenberg than simply the proposition that Judge Cardozo's stunted emotions affected his rulings. (20 photos, not seen)

Pub Date: Oct. 15, 1997

ISBN: 0-674-96051-3

Page Count: 288

Publisher: Harvard Univ.

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Sept. 1, 1997

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NIGHT

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the...

Elie Wiesel spent his early years in a small Transylvanian town as one of four children. 

He was the only one of the family to survive what Francois Maurois, in his introduction, calls the "human holocaust" of the persecution of the Jews, which began with the restrictions, the singularization of the yellow star, the enclosure within the ghetto, and went on to the mass deportations to the ovens of Auschwitz and Buchenwald. There are unforgettable and horrifying scenes here in this spare and sombre memoir of this experience of the hanging of a child, of his first farewell with his father who leaves him an inheritance of a knife and a spoon, and of his last goodbye at Buchenwald his father's corpse is already cold let alone the long months of survival under unconscionable conditions. 

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the sphere of suffering shared, and in this case extended to the death march itself, there is no spiritual or emotional legacy here to offset any reader reluctance.

Pub Date: Jan. 16, 2006

ISBN: 0374500010

Page Count: 120

Publisher: Hill & Wang

Review Posted Online: Oct. 7, 2011

Kirkus Reviews Issue: Jan. 15, 2006

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INTO THE WILD

A wonderful page-turner written with humility, immediacy, and great style. Nothing came cheap and easy to McCandless, nor...

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The excruciating story of a young man on a quest for knowledge and experience, a search that eventually cooked his goose, told with the flair of a seasoned investigative reporter by Outside magazine contributing editor Krakauer (Eiger Dreams, 1990). 

Chris McCandless loved the road, the unadorned life, the Tolstoyan call to asceticism. After graduating college, he took off on another of his long destinationless journeys, this time cutting all contact with his family and changing his name to Alex Supertramp. He was a gent of strong opinions, and he shared them with those he met: "You must lose your inclination for monotonous security and adopt a helter-skelter style of life''; "be nomadic.'' Ultimately, in 1992, his terms got him into mortal trouble when he ran up against something—the Alaskan wild—that didn't give a hoot about Supertramp's worldview; his decomposed corpse was found 16 weeks after he entered the bush. Many people felt McCandless was just a hubris-laden jerk with a death wish (he had discarded his map before going into the wild and brought no food but a bag of rice). Krakauer thought not. Admitting an interest that bordered on obsession, he dug deep into McCandless's life. He found a willful, reckless, moody boyhood; an ugly little secret that sundered the relationship between father and son; a moral absolutism that agitated the young man's soul and drove him to extremes; but he was no more a nutcase than other pilgrims. Writing in supple, electric prose, Krakauer tries to make sense of McCandless (while scrupulously avoiding off-the-rack psychoanalysis): his risky behavior and the rites associated with it, his asceticism, his love of wide open spaces, the flights of his soul.

A wonderful page-turner written with humility, immediacy, and great style. Nothing came cheap and easy to McCandless, nor will it to readers of Krakauer's narrative. (4 maps) (First printing of 35,000; author tour)

Pub Date: Jan. 1, 1996

ISBN: 0-679-42850-X

Page Count: 320

Publisher: Villard

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Oct. 15, 1995

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