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Loved each and every part of this book. I will definitely recommend this book to science, non fiction lovers. Your Rating:. First is Professor Baer's assumption that children are short adults, with the same psychological need for independence from authority.
Many who have made studying children their life work would disagree. See R. She grudgingly accepts compulsory education, see J. BAER, supra note I, at , though she appears to have some doubts about the validity of child labor laws. See id.
See J. For example, she assumes that six-year-olds are fully capable of deciding whether to go to school, except for the possibility that their selfish parents might pressure them not to. BAER, supra note I, at This is also true of Professor Baer's discussion of the handicapped. Third is her cultural imperial- ism-the attempt to impose the middle class Dr.
Spock on the rest of society. The families who will suffer the most from government intervention under Baer's proposal are probably those who suffer the most today. They are the "lower class, ethnically or racially different from the personnel of intervention agencies, [who] often do not share the middle class values that those agencies believe on the basis of very little evidence are vital to healthy child development. But Professor Baer is clearly an intelligent, capable scholar.
Her research is broad; her writing is good; many of her remarks are shrewd and trenchant. For example, she scores some very good points against historians as good as Charles Fairman. I4 Her treatment of affirmative action goes beyond the usual argument that whites aren't stigmatized and attempts to take seriously some of the counterarguments. Is Many of her comments on particular cases are insightful. Why has a good scholar produced such a weak book?
The answer, I think, can best be described as "creeping Dworkinism. Is But more generally I mean the idea that important social issues can be settled through philosophical analy- sis, by staring into our navels and thinking hard about Justice. Typical of this is Professor Baer's insistence that transportation certainly expect more clarity.
Advocating a change in constitutional interpretation ought to carry with it a similar requirement to specify the scope of the proposal. Levy, The Rights of Parents, 3 B.
See also J. Baer rightly chides Fairman and Raoul Berger for dismissing the drafters of the founeenth amendment as muddled thinkers, as if legislators have to pass some kind of I. As Baer points out, the negative appraisals of the framers are largely due to attempts to read 20th-century ideas into the 19th-century debates.
She is seriously concerned that some affirmative action programs may be based on demeaning stereotypes. She also acknowledges that some situations such as punishment call for treatment on the basis of individual merit, and that affirmative action may in ex- treme cases place too heavy a burden on members of the majority. This is probably the most thoughtful pan of the book. As the discussion in the text should make clear, I am referring to Ronald rather than Andrea Dworkin, the feminist author.
See ]. She might have done better to focus on John Rawls's much more sophisticated and thoughtful work, which Dworkin popularizes. BAER, supra note I, at 32, 34, , , , , , One reason for the attraction of neo-Kantian philosophy is that it strips away almost everything concrete about human rela- tions, leaving only a collection of atomistic individuals.
This is an attractive viewpoint, if like Baer you believe that families, com- munities, and other social institutions are primarily instruments of oppression.
Liberals like Professor Baer have lost much of their faith in legislatures and other democratic institutions. They see the courts as the only salvation for individual rights. Professor Baer, for example, has no hope of getting her program adopted democratically. Despite the realities of Title VII, the Voting Rights Act, and other major legislation,n she doubts whether leg- islatures have ever done much for equality.
More important, she says that "Americans do not believe in equality at all. If the only forum for change is the courts, abstract principles seem more appropriate than more empirical policy arguments. In these respects, Dworkinism fits the perceived needs of some liberals to free individuals from social institutions while bypassing the democratic process. But it also has another appeal. Looking out at the real world is risky. You never know what you might find.
Philosophical introspection is much less likely to tum up any unpleasant surprises. As Professor Baer's book helps show, Dworkinism has proved a dangerous course for liberalism. It has helped lock liber- BAER, supra note I, at parental power based on "physical prowess and power of the family purpose" ; id. For an excellent analysis of this point, see M. With the exception of one decade , it cenainly is unclear that the Supreme Court has historically been a better guardian of minorities than Congress.
BAER, supra note I, at 7. It has directed them away from legislatures and toward the courts, in what appears likely to become an increasingly unprofitable search for the Supreme Court's assistance.
It has also distorted the lib- eral agenda. Affirmative action lends itself to Dworkinian analy- sis and gets a chapter in Baer's book. Black unemployment is not suited to this analysis and receives not a single mention. Nor do poverty or wealth raise significant issues for Professor Baer.
These issues need to get back on the liberal agenda. It is time, in other words, for liberal legal thinkers to come out of their philo- sophical reverie and back into the real world. Is Progressive Constitutionalism Possible? By Robin West.
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