Oliver Wendell Holmes and Fixations of Manliness (Hardback) book cover

Oliver Wendell Holmes and Fixations of Manliness

By John M. Kang

Routledge

160 pages

Purchasing Options:$ = USD
Hardback: 9781138218185
pub: 2018-01-30
$140.00
x
eBook (VitalSource) : 9781315438139
pub: 2018-01-19
from $24.98


FREE Standard Shipping!

Description

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.

Table of Contents

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

About the Author

John M. Kang is Professor of Law at St Thomas University, USA. He has published on constitutional law and masculinity.

Subject Categories

BISAC Subject Codes/Headings:
LAW018000
LAW / Constitutional
LAW043000
LAW / Gender & the Law
LAW052000
LAW / Jurisprudence
LAW060000
LAW / Legal History