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Extra resources for The Jurisprudence of Justice William J. Brennan, Jr.

Sample text

When looked at in its entirety, Brennan's project represents the most extensive and carefully developed judicial effort of this century to bring about a permanent improvement in human affairs by "completing" the American Revolution that had proclaimed the primacy of individual rights on behalf of all mankind. If the defining feature of modern culture is the enhancement of self through expressive activity, ideally resulting in complete individual differentiation, then it might also be argued that Brennan left behind the closest thing that we have to a jurisprudence of modernity.

25 The convergence of the interests of democracy and the rule of knowledge that appears in this quotation is typical of Wilsonian thinking. F. Hegel's historicist philosophy for the American people by arguing that the perfectly efficient democratic state represented the last stage of historical development or the final rule of reason in history as well as the victory of perfect freedom within the modern administrative order. Toleration, not spiritedness, emerges as the great social virtue. 26 The practical consequences of Holmes's reading of the Constitution were important to both the Progressives and the New Dealers.

This book looks to make a provocative contribution to such an exercise. Countless students, colleagues, and friends have engaged me in a career-long debate on the possibilities and limitations of political life. S. constitutional history, I can only admit to having taken more than has been given. To them must go much of the credit for the persuasive parts of this book. For the unpersuasive parts, the responsibility is entirely mine. It would be remiss of me, however, not to single out several people for a special expression of gratitude.

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