Oliver Wendell Holmes and Fixations of Manliness

Informationen zum Autor John M. Kang is Professor of Law at St Thomas University, USA. He has published on constitutional law and masculinity. Zusammenfassung Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America’s greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution’s right of free speech, probably the most crucial right for democracy. One indeed finds among professors of constitutional law and federal judges the widespread belief that the scope of the First Amendment owes much of its incredible expansion over the last sixty years to Holmes’s judicial dissents in Abrams and Gitlow . In this book, John M. Kang offers the novel thesis that Holmes’s dissenting opinions in Abrams and Gitlow drew in part from a normative worldview structured by an idiosyncratic manliness, a manliness which was itself rooted in physical courage. In making this argument, Kang seeks to show how Holmes’s justification for the right of speech was a bid to proffer a philosophical commentary about the demands of democracy. Inhaltsverzeichnis Preface Chapter One: The Father and the Hero Chapter Two: A Collegiate Manliness Chapter Three: Reasons for Fighting in the War Chapter Four: The Experience of War: "A Splendid Carelessness for Life" Chapter Five: Faith through Fire Chapter Six: The Famous Cases: Abrams and Gitlow Chapter 7: Holmes’s Change of Mind Chapter 8: Gender and Citizenship Conclusion Index

Product details

• Authors: John M. Kang
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Hardback
• Released: 30.01.2018
• EAN: 9781138218185
• ISBN: 978-1-138-21818-5
• No. of pages: 174
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / General, LAW / Legal History, LAW / Constitutional, LAW / Jurisprudence, LAW / Gender & the Law, Legal History, Gender & the law, United States of America, USA, Jurisprudence and general issues, Law and society, gender issues, Constitution, Constitutional & administrative law, Constitutional and administrative law: general