Okay, so I have given up on Maurice Dobb for now. The book was a bit tedious, and written in that scholarly, British, 1940s style language which became annoying.
In its place, I am looking at The End of Democracy? The Judicial Usurpation of Politics, for a fascinating perspective on right wing legal theory and criticism of the Supreme Court. Contributors to the book include Robert H. Bork, Charles Colson, William J. Bennett, James C. Dobson, Norman Podhoretz, and several other concerned moralists.
I have only read the first couple of chapters. I admit that Bork was fun to read—not for the direction of his persuasion, but for the delight of his intellect. I sense principles of a sort underneath his arguments, and it would be fascinating to discuss with him today how he looks at the court which is a turning in a direction he essentially said was impossible. He wanted the court to turn in a more “pro-democratic” direction, but concludes: “The truth, however, is that I must end on a pessimistic note. The Court will not be reformed by persuasion or by changes in its membership. But the public appears supine, willing to watch democracy slip away.” Interesting statements, to say the least, given that they were published in 1996. It is not difficult to imagine one with a more progressive perspective uttering the exact same words today.
I’ll try to get more into the substantive issues as I read further.
