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This wouldn't be so bad, argues Sherwin, if the law's ability to curb popular passions, objectively search for "truth," maintain the public's faith in the system, and win the battle between legal truth and the public desire for closure all weren't hamstrung in the process.
In these days when most Americans frame their view of the world based on what they see on television, Sherwin's subject is extremely important. The question is whether this book is worth the effort it will require of many readers. And early on, it's hard to know if it is worth all the trouble.
Mainly, Sherwin couches his central argument in the opaque language of literary criticism and legalese. Perhaps this is done for the sake of greater precision. Nevertheless, as a consequence, all but legal and literary scholars will find themselves back on their heels when reading this dense work. Sherwin does, thankfully, buttress the core of his assertions with illustrations from popular trials, movies and television, which allows many readers to better follow his line of reasoning while getting their feet back under them. Still, the case Sherwin's arguing has been argued at least as well elsewhere and with less technical language.
Tough sledding aside, if you enjoy popular culture and hold the law in high regard, then ready a thick dictionary, find a firm chair, get in good light and read Sherwin's book. Only your stamina will determine whether the outcome was really worth the work.
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If you're unfamiliar with Hobbes, what his political argument basically boils down to is that people are naturally bad, and will all try to steal from their fellows, and kill those that displease them, and so on, meaning that in their natural state man is in a constant state of war. It is necessary then to establish the Leviathan, that is, a Sovereign, who has ultimate power unquestioned by anyone, who stops men from fighting by imposing laws with penalties for breaking them so harsh that it would be madness to not obey them. In this way order is kept.
That is the argument put forward here, and in the Leviathan, only, as I said, the Leviathan puts it better. I can only think this book would be useful to those who find the 500 odd pages of the Leviathan too daunting, and want to start with something shorter.
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On a substantive level, Felson frequently conflates the trivial with the traumatic. For example, Felson argues that women's greater use of complaining and anger in relationships "casts doubt on the idea that men's violence against their wives reflects a greater desire to control them" (Felson, 2002, p. 104). Felson thus compares complaining with a "tooth loosening assault intended to punish, humiliate, and terrorize" (Dobash, Dobash, Wilson, & Daly, 1992, p. 75). Note also that the radical feminist theory of domestic violence which Felson purports to critique never states that men have "a greater desire to control" their wives than do their wives but rather contends that battering is a technique by which men control women. Felson thus fails to address the central feminist proposition that battering results in increased power and control for men.
These errors in fact and logic re-occur throughout Felson's work and completely undermine his argument which is unfortunate because this is a topic which deserves careful, well-documented, and thoughtful consideration.
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One minor weakness is that some of the sample documents in the appendix do not follow the principles explained in the text.
As for the complaint from "A reader from Honolulu" that the book does not cite authority, that's an odd concern. Very few, if any, legal-writing texts cite authority. What would they cite to? Other legal-writing texts (their competition)? What you are buying when you buy a legal-writing text is the expertise of the authors, not a compilation of research on legal writing. I know that these authors are experts, and the advice in this text is practical and effective.
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If you answered yes to either of those questions, or both of those quentions, then you believe in gun control.
The problem is that "gun control" is an amorphous subject, rather like tyranny. One person's tyranny can be another's freedom.
One person fears losing his firearms, the other his ability to walk the streets without fear of being shot.
The problem is that most people, even those who claim to be RKBA, actually would like to see gun control. The problem is that both sides have clouded the topic and don't work toward consensus.
This book is divisive and counterproductive. The title reeks of "gun nut" in all its negative connotations.
I would suggest reading a book that is unbiased in discussing the politics of "gun control" and tries to dispassionately examine the topic rather than this book.
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The strategy expounded ("Head of the Hydra") is unworkable. The author fails to understand that the essential nature of organized crime is organization. Eliminating the heads of the drug trafficing organizations will not stop their operations.
I recommend Mr. Sherwin's analysis of Errol Morris's "The Thin Blue Line." I shall never watch or show that classic without thinking about Professor Sherwin?s gloss thereon. I disagree with his comparison of the older and younger versions of "Cape Fear." I suspected that each of his characterizations of one film might just as easily be asserted about the other, but he held my interest and impelled me to watch both versions again. Mr. Sherwin appears to believe that films of David Lynch and Quentin Tarantino tell us much about theories or institutions of law and law enforcement. I was not convinced but found the argument interesting.
I recommend highly Sherwin's comparison of the "jigsaw puzzle" closing of Marcia Clark and Christopher Darden in the first Simpson trial to the heroic saga narratives favored by Johnnie Cochran and Gerry Spence. Sherwin is especially good at exposing Mr. Spence's skill. Mr. Spence appears to be the shrewd country lawyer whom he plays on television.
I also recommend Sherwin's account of myth making in famous cases of the 19th and 20th centuries, although consideration of landmarks of sensationalism calls into question just when the law began to go "pop."
I recommend that readers skip the numerous lists of questions with which Mr. Sherwin mars his manuscript. I could never be certain where the questions were headed and where I was supposed to the find the answers, if any. Readers should be underwhelmed as well by Mr. Sherwin's generalization from aberrations, including the aforementioned Simpson trial. In these matters, Mr. Sherwin seems to succumb to pop law and to see the world in a sound bite of the erstwhile "Rivera Live."
Most of all, I urge readers to overlook his every attempt to generalize about law and legal institutions from movies. As I have said, Mr. Sherwin's analyses of movies are intriguing. However, getting from the movies analyzed to legal institutions is no minor trick. When Mr. Sherwin would generalize to the legal culture from this or that trend that he claims to see in this or that movie, the reader should indulge his impulse to attend to the movie critique and to ignore the alleged social criticism that, it appears, the author believes his cinematic analyses justify. Mr. Sherwin's methodological justification for this twist on cinematic verity is almost self-satire: "My working assumption is that film, like notorious cases, provides a reasonably reliable indicator of shared, conflicted, and newly emerging beliefs, values, and expectations"(p. 171). With working assumptions such as that, what hypothesis wouldn't work out?
Mr. Sherwin separates postmodern sheep from postmodern goats, but the author's renditions of postmodernism seemed to create multiple Potemkin Villages. The specter of skeptical postmodernism may haunt some in the Western world, but Mr. Sherwin's manifesto will strike most readers as disjointed and overwrought.