Coercing Virtue: The Worldwide Rule of Judges

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9780844741628: Coercing Virtue: The Worldwide Rule of Judges

In general, courts have been activist in opposing majority views on such matters as sexual practices, secularism versus religion, rights of speech and expression and feminism. This judicial activism appears to impinge on the legitimate domains of the executive and legislative branches of government and constitutes the judicialization of politics and morals.

According to Bork, a number of courts tend to act in this activist fashion. As well, international tribunals appear to exceed their jurisdiction, posing a threat to national sovereignty just as the national courts threaten democratic government. This activism is more than a threat; Bork argues that both sovereignty and self-government have already been seriously damaged.

Coercing Virtue attempts to account for the phenomenon of why so may courts in democratic nations behave in an imperialistic manner and why the results almost always appear to advance the liberal political and cultural agenda.

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From the Inside Flap:

Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture "on a subject of contemporary history in historical perspective" was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas.

In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court's ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren't even elected, then what does this mean for democratic government?

"The nations of the West have long been afraid of catching the "American disease" — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries." — Robert H. Bork, from Coercing Virtue

About the Author:

Robert H. Bork is the author of The Tempting of America: The Political Seduction of the Law and Slouching Towards Gomorrah: Modern Liberalism and American Decline, and The Antitrust Paradox: A Policy at War With Itself. He served as Solicitor General and Acting Attorney General of the United States and was a U.S. Court of Appeals judge. Bork is a senior fellow at AEI. He and his wife live in McLean, Virginia.

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Book Description AEI Press, United States, 2003. Hardback. Book Condition: New. Language: English . This book usually ship within 10-15 business days and we will endeavor to dispatch orders quicker than this where possible. Brand New Book. In general, courts have been activist in opposing majority views on such matters as sexual practices, secularism versus religion, rights of speech and expression and feminism. This judicial activism appears to impinge on the legitimate domains of the executive and legislative branches of government and constitutes the judicialization of politics and morals. According to Bork, a number of courts tend to act in this activist fashion. As well, international tribunals appear to exceed their jurisdiction, posing a threat to national sovereignty just as the national courts threaten democratic government. This activism is more than a threat; Bork argues that both sovereignty and self-government have already been seriously damaged. Coercing Virtue attempts to account for the phenomenon of why so may courts in democratic nations behave in an imperialistic manner and why the results almost always appear to advance the liberal political and cultural agenda. Bookseller Inventory # BTE9780844741628

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Book Description 2003. Hardcover. Book Condition: New. Hardcover. In Coercing Virtue, leading social and legal commentator Judge Robert H. Bork focuses his gaze on one of the most powerful but overlooked forces in a long-running and now glob.Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. 176 pages. 0.404. Bookseller Inventory # 9780844741628

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