An edition of The Cloaking of Power (2003)

The Cloaking of Power

Montesquieu, Blackstone, and the Rise of Judicial Activism

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Last edited by MARC Bot
December 27, 2022 | History
An edition of The Cloaking of Power (2003)

The Cloaking of Power

Montesquieu, Blackstone, and the Rise of Judicial Activism

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

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

Publish Date
Language
English
Pages
312

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Previews available in: English

Edition Availability
Cover of: Cloaking of Power
Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
2014, University of Chicago Press
in English
Cover of: The Cloaking of Power
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

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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)."

Classifications

Library of Congress
K2146 .C375 2003, K2146.C375 2003

ID Numbers

Open Library
OL7415717M
Internet Archive
cloakingpowermon00carr
ISBN 10
0226094820
ISBN 13
9780226094823
LCCN
2002152313
OCLC/WorldCat
50851727
Library Thing
343167
Goodreads
141972

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December 27, 2022 Edited by MARC Bot import existing book
August 26, 2020 Edited by ImportBot import existing book
June 13, 2012 Edited by LC Bot import new book
March 31, 2011 Edited by 24.69.153.203 Edited without comment.
December 10, 2009 Created by WorkBot add works page