There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture.
I grabbed a copy of this after seeing the review in the Economist, and mentally prepared myself for a couple weeks of getting weird looks whenever I had to answer the question “what are you reading currently?” I was hoping for an introduction to various theories about how to interpret the law, placed in their historical context, and I’m reasonably satisfied.
The author makes clear that he admires conservative legal theories more than those that are currently in vogue. Part of his purpose is to criticize trends that he believes pose a danger to limited government and the rule of law. This perspective does not prevent him from providing informative and intriguing introductions to the works of several progressive figures. For the most part it’s an engaging book, filled with tantalizing references to other works that should serve as interesting jumping-off points for deeper exploration.
A book that I wish everyone would read. Insightful at times, especially in the chapters concerning Blackstone, Holmes, and one of our current maladies, the Critical Legal Studies Movement; other chapters like those on Eliot and Williams could have used more editing. Overall, the book shows the general decline in American Jurisprudence over time through the influence of law professors and activist judges, including the Warren Court, who have stripped from the Constitution much of the original meaning that made These United States so great.
This is a good book, but unnecessarily partisan. I get it, Mr. Presser. You're not an Obama fan. No need to repeat it so much. The discussion at times moves from being a critical analysis of a school of thought to something more caustic, which only detracts from point the author is trying to make. On the other hand the description and comparisons of legal scholars of the past 300 years in one place is truly great. Worth a read.