The Court and the World

American Law and the New Global Realities

De: Stephen Breyer

Narrado por: Stephen Breyer

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.

Reseñas de la Crítica

“[A] tour de force analysis of the role of the Supreme Court vis-a-vis the rest of the world . . . the book's main message is inarguable: in a world that is smaller and more tightly interconnected than it has ever been, the Supreme Court cannot stand aloof from the legal universe beyond America's shores . . . In his characteristically measured, above-the-fray style . . . Mr. Breyer provides in-depth yet lucid accounts of how the court has approached many instances of cross-border justice, from anti-trust lawsuits to child custody battles to purported human rights violations . . . Readers of all political and ideological persuasions might learn something.”
—The Economist

“[A] lucid new book . . . Playing the judge as enlightened modern technocrat, [Breyer] offers a reasoned elaboration of the mounting costs that judicial isolationism would entail in our increasingly interconnected world. Globalization, he argues, has made engagement with foreign law and international affairs simply unavoidable . . . Why not learn from the efforts of others as we try to solve the same basic problems . . . Democracy has never been a nativist straitjacket. Breyer’s book offers a powerful description of the price we would pay for allowing it to become one.”
—John Fabian Witt, The New York Times

“A serious, insightful work, complete with a concrete, highly detailed analysis of scores of cases decided by his court and by others around the world . . . [Breyer’s] new book reflects his international interests but also his view of how his job has changed over two decades on the court.”
—Noah Feldman, The Washington Post

Thoughtful, not very actionable or racy

But who would expect "racy" from this author? This is a book whose time has come, and a very welcome addition to support our evolving thinking about the (ever-more-sprawlingly-networked) world and the USA's place in it. I agree wholeheartedly with the basic thesis that judges cannot erect an artificial set of blinders preventing them from looking at various extraterritorial sources (and impacts) in today's world. And this introduces its own problems, such as the quality of information coming in for consideration, versus, say, the classic model of evidence developed in a fully adversarial court situated here. But I am ready to think the judiciary is smart enough to sort this out, and weigh things suitably. And the litigating parties have incentives to be sure the inputs from abroad to the courts are balanced.
I appreciate the case histories here -- as a professor in this field.

Thought-provoking

This book is not an autobiography but a discussion of a long term controversy in law. Breyer discuss the question, does foreign law have a place in interpreting the American Constitution? Four of Breyer’s eight fellow justices say no. They are Chief Justice John Roberts and associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito. They see it as a threat to the country’s tradition of democratic self governance on the other side, Breyer and three of his colleagues Ruth B. Ginsburg, Anthony Kennedy and Elena Kagan have explicitly endorsed some version of the practice.

Breyer contends that events in the world have affectively resolved the foreign law controversy. He presents cases and discusses the various implications over who has jurisdiction and where laws or regulations overlap or whose laws applied to the cases these cases cover everything from copyright law to trade agreements and also multinational corporation.

Breyer states that our increasingly interconnected world and globalization has made engagement with foreign laws and international affairs simply unavoidable. Breyer says judges need to understand and engage with foreign and international law to do otherwise is to try to navigate the globe with a blindfold. Breyer notes that transnational organization have already begun to produce regulations in areas as diverse as banking supervision, trucking and internet domain name registration. Breyer says in democracies courts specialize in problem solving. Judicial isolationism would make it more difficult for judges to address the kinds of problems we need to solve in the ever small world of the 21st century. After reading this book I see the need for the United Nations to add a World Supreme Court to solve international legal problems. Justice Breyer narrated his own book.

Though provoking in first chapter & last two

Extensive legal detail May be more valuable to someone with a greater law background and I have. However the points made in the last two chapters can apply, I think, to how we should view the other branches of our government: executive and legislative. Breyer congratulates not only our separation of powers, but also how we have learned over 200 years to peacefully accept today's judgments, laws, and executive actions, knowing that we have a structure that allows for change "tomorrow". Breyer's presentation of our history shows that our governmental pendulum can to swing from side to side; and at the same time be flexible enough to let us constantly move forward.

Narrated by the same author

What made the experience of listening to The Court and the World the most enjoyable?

I am rating here the audio version of the book. The book itself is a great book, but the audiobook has the added advantage of being narrated by its own author. Many good books get ruined in the audio version because of the narrator’s voice. But Justice Breyer happens to have a pleasant voice, with a clear diction and a didactic delivery. It is as if you were listening to him teaching a class.