LEADER 03890nam 2200613Ia 450 001 9910780735403321 005 20230721024303.0 010 $a979-84-00-61013-4 010 $a0-313-37708-1 024 7 $a10.5040/9798400610134 035 $a(CKB)2480000000001469 035 $a(EBL)1912981 035 $a(SSID)ssj0000479189 035 $a(PQKBManifestationID)11336036 035 $a(PQKBTitleCode)TC0000479189 035 $a(PQKBWorkID)10438846 035 $a(PQKB)11633707 035 $a(Au-PeEL)EBL1912981 035 $a(CaPaEBR)ebr11003638 035 $a(CaONFJC)MIL688722 035 $a(OCoLC)899942265 035 $a(MiAaPQ)EBC1912981 035 $a(OCoLC)317951310 035 $a(UkLoBP)BP9798400610134BC 035 $a(EXLCZ)992480000000001469 100 $a20230825e20092023 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aAmerica's prophets $ehow judicial activism makes America great /$fDavid R. Dow 205 $a1st ed. 210 1$aWestport, CT :$cPraeger,$d2009. 210 2$aLondon :$cBloomsbury Publishing (UK),$d2023. 215 $a1 online resource (184 p.) 300 $aDescription based upon print version of record. 311 $a1-322-57440-5 311 $a0-313-37709-X 320 $aIncludes bibliographical references and index. 327 $aWhat exactly is judicial activism? -- A short history of "activist" judges -- Griswold v. Connecticut and the rise of judicial prophecy -- Prophetic interpretation of biblical law -- The idea of American law -- Contemporary problems for the activist judge : race, religion, same-sex marriage, abortion, and euthanasia. 330 $aAmerica's Prophets: How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values. Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible. He claims that Isaiah, Amos, and Jesus are archetypal activist judges and, conversely, that modern activist judges are America's prophets. Dow argues that judicial restraint is a priestly method of adjudication and that it, not judicial activism, is the legally and morally unsound method. Race and gender discrimination, separation of church and state, privacy rights, and same-sex marriage are all issues that have divided our nation and required judicial intervention. Every time the courts address a hot-button issue and strike down entrenched bias or bigotry, critics accuse the justices of being judicial activists, whose decisions promote their personal biases and flout constitutional principles. This term, despite its widespread currency as a pejorative, has never been rigorously defined. Critics of judicial activism properly point out that when judges overturn laws that enforce popular norms they thwart the will of the majority. But Dow argues that so-called activist judges uphold two other American legal values that are as deeply embedded in American legal culture as majoritarianism: liberty and equality. He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions. 606 $aLaw 606 $aCourts & procedure$2bicssc 615 0$aLaw. 615 7$aCourts & procedure 676 $a347.73/12 700 $aDow$b David R.$0913275 801 0$bUkLoBP 801 1$bUkLoBP 906 $aBOOK 912 $a9910780735403321 996 $aAmerica's prophets$93703624 997 $aUNINA