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Book Review



Norman Gross, editor, Noble Purposes: Nine Champions of the Rule of Law, Athens: Ohio University Press, 2007. Pp. 152. $26.95 (ISBN 0-8214-1731-2).

The noble purpose of this slender book is not stated. It records stories about the professional achievements of nine diverse American lawyers and judges. The nine subjects were selected by the editor, whose day job is director of the American Bar Association Museum of Law.1 As with many museum presentations, one leaves the exhibit a little better informed and maybe a little inspired. Those who are skeptical about the moral values of lawyers may get some relief. Or those who seek the inspiration to pursue a noble purpose as a lawyer may close the book with a sense of modest elevation.

     The book is not presented as serious scholarship in law or in history. The stories are not documented, although there are a few references supplied at the end of each story for those who might want to pursue a matter more fully. Three of the nine stories are written by authors who are not professional scholars.

     Unsurprisingly, the stories celebrate the careers of the nine subjects. All the subjects are politically correct heroes (one is a heroine) in the sense that each advanced laws that most twenty-first-century readers will respect. And the authors are correctly diverse with respect to race, gender, and ethnicity.

     Five of the subjects are admired as advocates for causes: James Alexander as an early champion of free speech; Clara Shortridge Foltz as an advocate of equal rights for women and as a champion of the right to counsel of those accused of serious crime; Octavio Larrazolo, an early governor of New Mexico, as an advocate for the equal rights of nuevamexicanos; Louis Marshall as an advocate for the equal rights of Jewish citizens and other minorities; Attorney General Francis Biddle as an advocate for the rights of Americans of Japanese ancestry, and of those tried as German saboteurs. Noah Parden, an African-American, is presented as one who risked his life as well as his career to save the life of a convict who was lynched as a consequence of Parden's success in securing a stay of execution.

     Three of the subjects were judges. One, Samuel Sewall sat in 1692 as a member of the nine-judge court ordering the execution of nineteen Salem witches. In 1696, he boldly proclaimed that at least some were not guilty and called for a day of fasting, prayer, and apology. As a descendant of one of those executed, I accept his apology. He did, if belatedly, perform a humane service in redirecting the attention of Puritans away from their obsession with the devil. Hugh Lennox Bond as a federal judge from Maryland sitting in South Carolina during the time of Reconstruction risked odium and personal safety to administer the Klu Klux Klan Act and protect the rights of former slaves.

     Justice Lemuel Shaw may be the best remembered of the subjects, and the one least likely to be warmly approved by today's reader. As the dominant member of Massachusetts' highest court, he made a lot of law, and his decisions were often followed in other states. Alone among the nine subjects, there is no moment of impressive moral or physical courage in his career that readers could be asked to celebrate. And one may certainly question some of the law he made. Indeed, his career might be taken as an example of problems arising when life-tenured officials presume to make law having no firm roots in a pre-existing legal text, such as the fellow-servant rule. Many of his contemporaries stoutly insisted that officials so empowered should be chosen by the people and accountable to them. Some of us may still think that some democratic constraints on guys like Shaw are needful.

     To whom should this book be referred? Not scholars surely. But perhaps to law students or others considering the possibilities for careers in law. For that purpose, it may be commended.

 

Paul D. Carrington
Duke University


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