The First Amendment, democracy, and romance /

Shiffrin (law, Cornell) brings a breath of fresh air to those who have spent countless hours reading countless books calling for the courts to adopt a comprehensive, guiding theory of the First Amendment. Indeed, he challenges those who call for a grand theory on the basis that such a theory would result in the hegemony of method over substance. He also notes that the courts' current eclecticism is mainly substance without method or romance. Instead Shiffrin calls for a form of "romantic eclecticism" whereby the First Amendment not only protects dissent but encourages it. "Romantic eclecticism" is romantic in the same sense that transcendentalists such as Emerson and Whitman were romantics--i.e., an emphasis not on method but on that part of the American tradition that "encourages an independent spirit" and that celebrates dissent. It is eclectic in that it values a commitment to these principles over the use of any particular method. Romantic eclecticism allows for the harmonic coexistence of both social engineering and romance. In this relatively short, yet highly readable work, Shiffrin points to the highly interdependent nature of the First Amendment, democracy, and romance. He provides not only a first-rate bibliography but also exhibits his broad knowledge on this subject from the fields of law, history, philosophy, and political science. Highly recommended for all academic libraries. -M. W. Bowers, University of Nevada, Las Vegas