Reading Notes-February 20, 2002
-Does Przybyszewski (Prz) adequately reconcile the contradictions of Harlan's personal/political/judicial life regarding civil rights?
-Prz repeatedly criticizes previous scholars' emphasis on judicial "greatness" - does her study of Harlan move beyond this motive?
-Does Prz's methodology - outlined on pages 9-10 and throughout the book - work well as a means of presenting an intellectual biography?
-How does Prz explain Harlan's evolution from slave-owner to Republican? Is she convincing in her argument?
-Do you think that Harlan's conversion undercuts or legitimizes his reputation as a civil rights pioneer?
-Prz consistently calls on the use of personal/historical memory in constructing Harlan's legal thought. How does she use memory in her story, particularly regarding Malvina and Harlan's lectures? Is her treatment of memory useful?
-Do you agree with Prz's use of Harlan's lectures as an important tool in understanding him? Is her use of them effective? Why were they overlooked by previous scholars?
-How does paternalism work to create Harlan's judicial/personal views regarding race and sex?
-Do Harlan's dissents support or deny Progressivism as defined by Wiebe?
-How does Harlan treat the three types of rights - civil/political/social - with regard to African-Americans?
-How does gender - both masculinity and femininity - play out in Prz's story of Harlan?