Loren P. Beth
Autor(a) de The Development of the American Constitution, 1877-1917
Obras de Loren P. Beth
The American Theory of Church and State 1 exemplar(es)
Etiquetado
Conhecimento Comum
Membros
Resenhas
Estatísticas
- Obras
- 7
- Membros
- 46
- Popularidade
- #335,831
- Avaliação
- 2.5
- Resenhas
- 1
- ISBNs
- 7
Beth divides his analysis into three parts. The first two are biographical and chronological, examining his life both before and on the Court. Much of the information about his life before his selection to the court comes from reminisces written by Harlan and his wife Malvina, and Beth often includes large sections from them in his text. The Harlan that emerges in these pages is an extremely political man, one who was active in the dramatic struggles of mid-19th century politics. Starting as a Whig, he drifted in the unstable Kentucky party political environment before finally becoming a Republican in 1868. Though unsuccessful in two campaigns for the governorship of Kentucky, Harlan's efforts on behalf of the party in his state helped make him a national political figure, leading to his nomination to the Court in 1877.
The second part of the book, which looks at Harlan's family life, his relationships with his justices, and his role in the politics surrounding the Court, serves as a useful bridge to the final section, which addresses his jurisprudence. Here Beth analyzes his decisions by topic, grouping them into categories so as to identify the underlying legal philosophy that collectively they reveal. While these chapters are informative, they do not succeed in Beth's goal, as illustrated by his subtitle, of demonstrating that Harlan's decisions reflected Whig political ideology, nor does the author reconcile the many inconsistencies and contradictions that existed between the Harlan's life and his jurisprudence. This, along with the poor editing (there are numerous minor factual errors throughout the book, particularly regarding dates), make for the book that is a useful introduction to Harlan's life but not the thorough analytical study that the justice deserves.… (mais)