圖書標籤: 美國憲法與最高法院 美國憲政 種族歧視 雜七雜八 布朗案
发表于2024-12-22
What Brown v. Board of Education Should Have Said pdf epub mobi txt 電子書 下載 2024
Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of "Brown", criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of "Brown" approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the "Brown" decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in "Brown", and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.
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評分布朗案判決可能是美國憲政史上最不像法律判決的一份判決書。馬歇爾時代確立的,靠嚴密紮實法律推理實現政治捭闔的傳統,走在這裏開始剝下邏輯的外衣,隻剩博弈轉圜瞭。把沃倫所有高調花哨的論證拆開來看,細節之處充滿瞭立場的矛盾與論據的雙標。貝爾教授的異議大概道齣瞭令人失望的事實:和民權運動史上的許多事件一樣,布朗案也許不配成為人們心目中那個劃時代的判決,抽絲剝繭,它隻是政治鬥爭順風車的又一個産物。
評分Balkin前麵三篇文章寫得都很好,後麵九個人的意見裏,Derrick Bell有些看頭。我挺喜歡這種形式的。
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What Brown v. Board of Education Should Have Said pdf epub mobi txt 電子書 下載 2024