Keith J. Bybee's Books

Mistaken Identity

The Supreme Court and the Politics of Minority Representation

By: Keith J. Bybee

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Mistaken Identity

The Supreme Court and the Politics of Minority Representation

By: Keith J. Bybee

Is it ever legitimate to redraw electoral districts on the basis of race? In its long struggle with this question, the U.S. Supreme Court has treated race-conscious redistricting either as a requirement of political fairness or as an exercise in corrosive racial quotas. Cutting through these contradictory positions, Keith Bybee examines the theoretical foundations of the Court's decisions and the ideological controversy those decisions have engendered. He uncovers erroneous assumptions about political identity on both sides of the debate and formulates new terms on which minority representation can be pursued. As Bybee shows, the Court has for the last twenty years encouraged a division between individualist and group concepts of political identity. He demonstrates convincingly that both individualist and group proponents share the misguided notion that political identity is formed prior to and apart from politics itself. According to Bybee, this "mistaken identity" should be abandoned for a more flexible, politically informed understanding of who the "people" really are. Thus, a misdirected debate will be replaced by a more considered discussion in which the people can speak for themselves, even as the Court speaks on their behalf. Engaged in the politics of minority representation, the Court will be able to help citizens articulate and achieve more fruitful forms of political community.

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Page Count

205

Publisher

Princeton University Press

Published Date

ISBN 10

1400822777

ISBN 13

9781400822775

All Judges Are Political—Except When They Are Not

Acceptable Hypocrisies and the Rule of Law

By: Keith J. Bybee

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All Judges Are Political—Except When They Are Not

Acceptable Hypocrisies and the Rule of Law

By: Keith J. Bybee

Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.

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Page Count

191

Publisher

Stanford University Press

Published Date

ISBN 10

0804753121

ISBN 13

9780804753128

How Civility Works

By: Keith J Bybee

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How Civility Works

By: Keith J Bybee

“[This] thoughtful meditation . . . begins an important conversation about how our discourse can be moral and robust without sacrificing truth or freedom.” —Dahlia Lithwick, Slate Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with trolls and expressions of disrespect. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a country that encourages thick skins and speaking one’s mind, is civility even possible, let alone desirable? In How Civility Works, Keith J. Bybee elegantly explores the “crisis” in civility, looking closely at how civility intertwines with our long history of boorish behavior and the ongoing quest for pleasant company. Bybee argues that the very features that make civility ineffective and undesirable also point to civility’s power and appeal. Can we all get along? If we live by the contradictions on which civility depends, then yes, we can, and yes, we should. “[This] slim and artful treatise . . . suggest[s] we continue to fight for civility, but learn to think of it less romantically.” —The New York TimesBook Review “Keith Bybee has delved into the literature of civility and emerged with a clear-eyed and helpful account of politesse. Let us bow.” —Henry Alford, author of Would It Kill You to Stop Doing That? A Modern Guide to Manners “This important book shows us why pursuing [civility] is as necessary as it is difficult.” —John Inazu, Comment

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