Thursday, December 1, 2005

Rights From Wrongs: A Secular Theory of the Origins of Rights (December 2005): "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." These rights are as cherished today as when Thomas Jefferson enumerated them 231 years ago, but traditional faith isn't doing as well (witness Richard Dawkins, Sam Harris, and Christopher Hitchens). If God goes, do our rights go with him? Not according to Alan Dershowitz, who in Rights from Wrongs proposes the theory that they come not from God (theists have no monopoly on moral behavior), nature (whose first rule is selfishness), or the law itself (Dershowitz is no fan of legal positivism). Rather, he argues that, in a sense, two wrongs do make a right: that our rights are built from the ground up, in the manner of the common law: we "agree upon the least desirable ways of life and seek to protect against those evils." Dershowitz is likely to lose some readers, especially those who trend toward the right, in the book's second half, where he begins to apply his theory to issues including organ donation, separation of church and state, animal rights, and immigration.

Monday, August 1, 2005

The Case for Israel (August 2005): Noting that he has been working on versions of these arguments since 1967, famed Harvard law professor Dershowitz offers "a proactive defense of Israel," a kind of amicus brief to "the court of public opinion." Not least among the exhibits are a WWII-era Muslim Palestinian leader who was "a full fledged Nazi war criminal, and he was so declared at Nuremberg"; a "vastly underpopulated" late 19th-century Palestine, to which European Jews began emigrating; and a 75-year-long Arab-Israeli war that features "Arab nations dedicated to genocidal aggression against civilians." Each of the 32 chapters begins with a commonly heard accusation against Israel, with long quotes from reputable "Accusers" (including newspapers and intellectuals), followed by "The Reality" as Dershowitz sees it, and "The Proof," often drawing on the historical record.

Sunday, May 1, 2005

America on Trial: Inside the Legal Battles That Transformed Our Nation (May 2005): Harvard professor and prolific author Dershowitz takes readers on a tour through some of the most celebrated-and intriguing-cases in the U.S. during the past 300 years. He begins with the most famous case in American colonial history-the Salem witch trial, which resulted in the deaths of 19 people-and continues through the current day, with the not yet decided case of the 9/11 detainees at Guantánamo Bay. Many of the 60 or so cases are famous (the Dred Scott decision, the Rosenberg trial), but others have been forgotten. Not surprisingly, the number of cases increase as he approaches recent history, and while there are some scandalous cases from the past, the majority of headline-grabbers, such as the O.J. Simpson trial and the Jean Harris-Scarsdale Diet doctor murder, are contemporary cases.

Friday, April 1, 2005

Letters to a Young Lawyer (Art of Mentoring) (April 2005): Dershowitz helps inaugurate a new series called the Art of Mentoring with this volume of advice and reflection on practicing law. Several unifying themes run throughout, most prominently the ethical traps for defense attorneys, prosecutors and even judges inherent in the practice of criminal law. Dershowitz alerts a fledgling lawyer to the systemic bias, corner-cutting and outright cheating that he sees permeating the criminal courts. While Dershowitz recognizes the ethical ambiguity that suffuses much of the law, he is more concerned with communicating the moral absolutes he believes in. These include the uncompromising obligation of a defense lawyer to work for the accused's acquittal by all legitimate means. A believer in telling the truth, Dershowitz excoriates deceitful lawyers and hypocritical judges alike. Along with the moral imperatives, the author tells some war stories and settles a few scores, for example, with critics who took him to task for defending O.J. Simpson, and with the Supreme Court, whose decision in the 2000 election case Dershowitz finds dishonest and unprincipled. The young lawyer (to whom these mini-essays are addressed) will perceive how ethically messy and complicated the law can be and how many core issues in our national life the law touches. Even more, the reader will come away with a sense of Dershowitz himself as teacher, tenacious advocate and self-described provocateur.