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This book is in some ways a "prequel" to Deborah Rhode's excellent _In the Interests of Justice_. I highly recommend that anyone interested in one of them get the other one too.
Glendon, also the author of _Rights Talk_, includes some nice treats in this work. For one thing, there's a lot of gentle debunking of the view that law practice ever enjoyed a "golden age." Glendon has a keen awareness of the fact that this "golden age" was in fact an age of rich white people's old-boys clubs and the much-vaunted "professionalism" of the period had the effect (not entirely unintended) of keeping racial and religious minorities, as well as women, out of the profession altogether (or at least driving them into the less prestigious areas of the law).
She also has some important words on the (related) hypocrisy of the legal profession's opposition to "commercialism." Her own view is that genuine commercialism carries with it a commitment to honesty and fairness; the predominant view among the bar associations, at least, seems to be that when you're acting "commercially," anything goes. Those of us who want the legal profession to act professional would do well to heed Glendon here and stop denouncing the market for the sins of those who don't understand it.
There are also some engaging reminiscences about the late great Karl Llewellyn, one of the most prominent legal scholars of the twentieth century and chief architect of the Uniform Commercial Code. Glendon infects the reader, as she herself was infected, with Llewellyn's love of the common-law tradition and the power of judge-made law.
Nor have I exhausted everything this book has to offer. Suffice it to say, by way of conclusion, that Glendon turns in a nice analysis of the changes the legal profession has undergone over the last few decades.
A fine book all around, then -- and incidentally a nice companion to Philip Howard's _The Death of Common Sense_. Howard, too, would like to see a move away from the hyperregulatory state and toward the empowerment of the common-law judge; Glendon's book is complementary to his in some ways. Readers of one will probably enjoy the other.
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For those of us who are privileged to live under the blanket of freedom, the Universal Declaration of Human Rights might not be understood to be the beacon of hope and freedom that is has become to many millions around the world who live in conditions of extraordinary disadvantage. This book is a gift in that it provides with a detailed narrative of the places, people, and events which conspired to deliver the UDHR at a moment in history when it was so desperately needed.
It is a book that began in 1945 here in San Francisco California when delegates to the April gathering from fifty lands top found the UN and start an organization that would help tackle many of the problems that now faced post World War Two countries. The Allied leaders as is noted had agreed in principle on the need of an International organization to help prevent future aggression, assure stability of frontiers and provide a means to resolving disputes amongst nations with the most vigorous supporter being FDR himself. But it would be Harry Truman who would talk Mrs Roosevelt into the idea.
The Chapters cover The longing for freedom, the rocky start, every conceivable right, the philosophical elements, late nights in Geneva working out the details, being in the eye of a social and political hurricane, what happens while in the fall in Paris, how each nation got its say, the declaration of independence, hitting a deep freeze of thought and of nations and what this declaration has evolved into today.
The author is the Learned Hand Professor of Law at Harvard and what she has written should be a must read for anyone who gives a damn about human rights and the genius and sainthoodness of our late First Lady Eleanor Roosevelt and a reminder to young women what they too can accomplish.
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The curious nature of American rights talk has led an increasing number of people to reject the existence of rights altogether. Rights have, of late, come under serious sustained attack from a variety of quaters, and it's hard not to feel a little sympathy with such critiques. Talk to a guy who thinks you have an absolute sui generis right to own a sub-machine gun a few times, and you will begin to understand why Bentham called rights "nonsense on stilts." Still, rights, and rights talk, lay at the heart of our republic, as well as of the recent attempts to hold foreign dictators to universal moral standards. It would be most unfortunant if a concept that has done so much good in the world turned out to be incoherent.
According to Glendon's book, the problem it not with rights themselves, but with what she calls the "American rights dialect," the particular way in which we speak of rights here and now. She argues that contemporary American rights talk is separated both from the European tradition, and from the tradition of the founding fathers, not only in its simplicity, but also in its extreme individualism, absoluteness, insularity, and inarguability. American rights talk ignores the connections (logical and moral) that rights have with duties, it denies the social and communal aspects of people, and it rejects the need for rights to be limited according to various circumstances. In effect American rights discourse has become a parody of itself, leaving it vulnerable to attack from those who would deny rights altogether.
It's clear from Glendon's other works (e.g. A World Made New) that she does believe in rights. While this book is largely critical of rights talk in its current form, it should be viewed, I think, fundamentally as an attempt to restore rights to their proper place in our political framework, lest we get fed up with the whole thing and throw out baby with bathwater. For this reason I would recommend this book both to advocates and opponents of rights. The former will emerge from it with a fuller deeper understanding of how rights work, while the later may discover that there is more to rights than they had previously thought.
As she puts it (I paraphrase) this discourse is based on the way few men, and fewer women, actually live. For we all live in a complex milieu of family and friends and neigbors, not in isolation.
I especially like her dissection of Rousseau's "primitive man" and how this idea has become the distorted, (again I paraphrase) insisting that when these philosophers discussed the freedom of the primitive man, they somehow neglected to realize that they never bothered to see how the primitive woman or child fit into his life--or into their own life.
This argument is the basis for communitarian ideas, not socialism.
And in an "either or" type argument too often seen in discussions of rights (society versus individual rights) she posits a "but": the idea of individual rights in a complex society where these things are balanced by others, not eliminated.
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Bottom line, if you have a choice DO NOT buy it or buy a used one...
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But Dr. Glendon's book is about much more than looking at comparative abortion laws. Glendon demonstrates that abortion laws are necessarily related to the provisions a society makes for vulnerable women and families facing difficult pregnancies. Glendon adopts a wholistic, communitarian-based approach to the issue of abortion, arguing that it is more a question of societal responsibilities than individual rights. Thus, the current rhetoric, especially popular on the "pro-choice" side, that posits a conflict of rights between mother and child, is very misguided ... and as we have witnessed, deadly to unborn children and damaging to the fabric of our society.
I believe Dr. Glendon's book represents a prophetic call to a new way of thinking about abortion, and our response to this tremendous national tragedy.