First Principles: The Jurisprudence of Clarence Thomas by Scott Douglas Gerber

by Scott Douglas Gerber

"...An excellent and balanced review of the justice's first years on the Court." —National Review"Gerber is scrupulously honest in dissecting Thomas' opinions, their legal background, and their place in the Court's jurisprudence, and he demonstrates his own excellent capabilities as an objective, fair, thoughtful, and thorough scholar."—The Federal Lawyer"The virture of Scott Gerber's new study ... is that it puts in better perspective Thomas's whole career." —The Weekly Standard"Gerber's book is a breath of fresh air, because it treats Justice Thomas and his work with respect and intellectual curiosity." —Ideas on Liberty"...the most comprehensive and incisive account of Thomas' political philosophy to date." —First ThingsClarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. First Principles provides a portrait of Thomas based not on the justice's caricatured reputation, but on his judicial opinions and votes, his scholarly writings, and his public speeches.The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.

Paperback

First published December 1, 1998

Reviews

[African Reader · Rating 5 out of 5]

I differ with the author's conclusion regarding the relationship between Justice Thomas' views and his politics, but I think one could argue he was justified in reaching that conclusion. Why do I mention this? Well, it's not to convince anyone about what to think concerning Justice Thomas, but simply to let readers of this review know they can trust the author's analysis. It is unbiased, faithful to what Justice Thomas actually believes and, most importantly for me, enjoyable to read.

For those who have read the book, I was surprised to learn Justice Thomas actually employs two forms of originalism: conservative (more concerned with the text of the Constitution and the views of the founders) and liberal (more concerned with the ideals set forth in the Declaration of Independence). This marks the difference between his approach to civil liberties and federalism on one hand, and civil rights on the other.

I encourage everyone interested in Justice Thomas' jurisprudence to pick this book up, whether you love him or hate him. All sides will find this an engaging read.