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American Law and the New Global Realities
Knopf
September 2015
On Sale: September 15, 2015
ISBN: 1101946199
EAN: 9781101946190
Kindle: B00UEL0LEU
Hardcover / e-Book
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Non-Fiction Political | Non-Fiction
In this original, far-reaching, and timely book, Justice
Stephen Breyer examines the work of the Supreme Court of the
United States in an increasingly interconnected world, a
world in which all sorts of activity, both public and
private—from the conduct of national security policy to the
conduct of international trade—obliges the Court to
understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast
commerce, and shared problems (like public health threats
and environmental degradation), and it is one in which the
lives of Americans are routinely linked ever more
pervasively to those of people in foreign lands. Indeed, at
a moment when anyone may engage in direct transactions
internationally for services previously bought and sold only
locally (lodging, for instance, through online sites), it
has become clear that, even in ordinary matters, judicial
awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the
thinking of the Court, Justice Breyer begins with that area
of the law in which they have always figured prominently:
national security in its constitutional dimension—how should
the Court balance this imperative with others, chiefly the
protection of basic liberties, in its review of presidential
and congressional actions? He goes on to show that as the
world has grown steadily “smaller,” the Court’s horizons
have inevitably expanded: it has been obliged to consider a
great many more matters that now cross borders. What is the
geographical reach of an American statute concerning, say,
securities fraud, antitrust violations, or copyright
protections? And in deciding such matters, can the Court
interpret American laws so that they might work more
efficiently with similar laws in other nations? While Americans must necessarily determine their own laws
through democratic process, increasingly, the smooth
operation of American law—and, by extension, the advancement
of American interests and values—depends on its working in
harmony with that of other jurisdictions. Justice Breyer
describes how the aim of cultivating such harmony, as well
as the expansion of the rule of law overall, with its
attendant benefits, has drawn American jurists into the
relatively new role of “constitutional diplomats,” a little
remarked but increasingly important job for them in this
fast-changing world. Written with unique authority and perspective, The Court
and the World reveals an emergent reality few Americans
observe directly but one that affects the life of every one
of us. Here is an invaluable understanding for lawyers and
non-lawyers alike.
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