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In The Cloaking of Power, Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and of strong but subtle courts. Montesquieu instructed statesmen and judges to "cloak power" by placing the robed power at the center of politics, while concealing judges behind citizen juries and subtle reforms. Tracing Montesquieu's conception of judicial power through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution-which he believes to be the source of the now-prevalent view that judging is merely political
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Subjects
Judicial power, Judicial process, Jurisprudence, Political questions and judicial power, Liberalism, History, Montesquieu, charles de secondat, baron de, 1689-1755, Blackstone, william, sir, 1723-1780, Processus judiciaire, Aspect politique, Histoire, Politique et pouvoir judiciaire, Pouvoir judiciaire, Libéralisme, Droit, PhilosophieEdition | Availability |
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Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
2014, University of Chicago Press
in English
1282537296 9781282537293
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The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
June 1, 2003, University Of Chicago Press, University of Chicago Press
in English
0226094820 9780226094823
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Book Details
First Sentence
"Montesquieu introduces The Spirit of the Laws as propounding "new ideas" of man and politics, and as "the work of twenty years" of reflection upon an "infinite number of things" ("Notice," 227; "Preface," 229)."
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