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Clinical Ethics on Film: A Guide for Medical Educators
by M. Sara RosenthalThis book discusses feature films that enrich our understanding of doctor-patient dilemmas. The book comprises general clinical ethics themes and principles and is written in accessible language. Each theme is discussed and illuminated in chapters devoted to a particular film. Chapters start with a discussion of the film itself, which shares details behind the making of the film; box-office and critical reception; casting; and other facts about production. The chapter then situates the film in a history of medicine and medical sociology context before it delves into the clinical ethics issues in the film, and how to use it as a teaching aid for clinical ethics. Readers will understand how each film in this collection served to bring particular clinical ethics issues to the public’s attention or reflected medico-legal issues that were part of the public discourse. The book is a perfect instructor's guide for anyone teaching bioethics, healthcare ethics, medical sociology, medical history, healthcare systems, narrative medicine, or nursing ethics.
Clinical Forensic Psychology: Introductory Perspectives on Offending
by Carlo Garofalo Jelle J. SijtsemaThis book represents a comprehensive collection of theoretical and empirical work at the nexus of clinical and forensic psychology written by world-renowned experts in the field. It is among the first books in the field to focus entirely on clinical psychological science applied to the understanding and treatment of offending. Part I addresses the main theoretical and clinical models used to explain and predict antisocial behavior, spanning biological, cognitive, experimental, individual differences, and interpersonal perspectives. Part II focuses on forms of psychopathology associated with an increased tendency to offend, with the emphasis on describing the clinical constructs most relevant for forensic psychology. Each chapter describes the clinical characteristics of one form of psychopathology, their assessment, their links with antisocial behavior, and treatment considerations. Part III focuses on different types of offense or offender groups as starting points. This perspective has relevance since many criminal justice and forensic mental health systems allocate offenders to interventions based on their index offense (or history of offenses). Finally, Part IV addresses the application of clinical psychology in the service of assessment and treatment in forensic settings. It includes the state of the art on diagnostic and risk assessment, as well as both widely used and recently developed interventions. This book is an excellent resource for students at both Bachelor’s and Master’s level, while also representing a comprehensive handbook for experienced researchers and practitioners.
Clinical Forensic Psychology and Law
by Kaitlyn McLachlanClinical Forensic Psychology and Law is a compilation of recent and classic articles providing comprehensive coverage of the field of clinical forensic psychology and law. Selected articles sample the major areas of the discipline, including criminal and civil forensic assessment, forensic treatment, youth assessment and intervention, and professional and ethical issues in forensic practice. The volume is designed for use by scholars, graduates and undergraduates in psychology and law schools.
Clinical Forensic Psychology and Law
by Kaitlyn McLachlanClinical Forensic Psychology and Law is a compilation of recent and classic articles providing comprehensive coverage of the field of clinical forensic psychology and law. Selected articles sample the major areas of the discipline, including criminal and civil forensic assessment, forensic treatment, youth assessment and intervention, and professional and ethical issues in forensic practice. The volume is designed for use by scholars, graduates and undergraduates in psychology and law schools.
Clinical Guidelines and the Law of Medical Negligence: Multidisciplinary and International Perspectives (Elgar Studies in Health and the Law)
This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse.This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.
Clinical Inertia: A Critique of Medical Reason
by Gérard ReachClinical practice guidelines were initially developed within the context of evidence-based medicine with the goal of putting medical research findings into practice. However, physicians do not always follow them, even when they seem to apply to the particular patient they have to treat. This phenomenon, known as clinical inertia, represents a significant obstacle to the efficiency of care and a major public health problem, the extent of which is demonstrated in this book.An analysis of its causes shows that it stems from a discrepancy between the objective, essentially statistical nature of evidence-based medicine on the one hand and the physician’s own complex, subjective view (referred to here as “medical reason”) on the other. This book proposes a critique of medical reason that may help to reconcile the principles of evidence-based medicine and individual practice.The author is a diabetologist and Professor of Endocrinology, Diabetology and Metabolic Diseases at Paris 13 University. He has authored several books, including one to be published by Springer (Philosophy and Medicine series) under the title: The Mental Mechanisms of Patient Adherence to Long Term Therapies, Mind and Care., Diabetology and Metabolic Diseases at the Paris 13-University. He has also published Pourquoi Se soigne-t-on, Enquête sur la rationalité morale de l’observance (2007), Clinique de l’Observance, L’Exemple des diabètes (2006), and Une théorie du soin, Souci et amour face à la maladie (2010). An English adaptation of the first book is published by Springer (Philosophy and Medicine) under the title: The Mental Mechanisms of Patient Adherence to Long Term Therapies, Mind and Care.
Clinical Integration of Neuropsychological Test Results
by Charles J. Golden Ryan BennettThe interpretation of neuropsychological tests is a complex process which requires recognition of the multiple skills required to complete even the simplest tests. The purpose of this volume is to explore the various interpretive strategies used with a wide variety of commonly used tests in order to see beyond the skills suggested by the test title. By integrating these possible interpretations across multiple tests, the neuropsychologist can pinpoint those deficits which lie at the core of a client’s pattern of test results. It is intended for both professionals and for students starting to learn the clinical practice of neuropsychology.
Clinical Integration of Neuropsychological Test Results
The interpretation of neuropsychological tests is a complex process which requires recognition of the multiple skills required to complete even the simplest tests. The purpose of this volume is to explore the various interpretive strategies used with a wide variety of commonly used tests in order to see beyond the skills suggested by the test title. By integrating these possible interpretations across multiple tests, the neuropsychologist can pinpoint those deficits which lie at the core of a client’s pattern of test results. It is intended for both professionals and for students starting to learn the clinical practice of neuropsychology.
Clinical Judgment: Proceedings of the Fifth Trans-Disciplinary Symposium on Philosophy and Medicine Held at Los Angeles, California, April 14–16, 1977 (Philosophy and Medicine #6)
by Hugo Tristram Engelhardt, Stuart F. Spicker and Bernard TowersOver a period of a year, the symposium on clinical judgment has taken shape as a volume devoted to the analysis of how knowledge claims are framed in medicine and how choices of treatment are made. We hope it will afford the reader, whether layman, physician or philosopher, a useful perspective on the process of knowing what occurs in medicine; and that the results of the dis cussions at the Fifth Symposium on Philosophy and Medicine will lead to a better understanding of how philosophy and medicine can usefully challenge each other. As the interchange between physicians, philosophers, nurses and psychologists recorded in the major papers, the commentaries and the round table discussion shows, these issues are truly interdisciplinary. In particular, they have shown that members of the health care professions have much to learn about themselves from philosophers as well as much of interest to engage philosophers. By making the structure of medical reasoning more apparent to its users, philosophers can show health care practitioners how better to master clinical judgment and how better to focus it towards the goods and values medicine wishes to pursue. Becoming clearer about the process of knowing can in short teach us how to know better and how to learn more efficiently. The result can be more than (though it surely would be enough!) a powerful intellectual insight into a major cultural endeavor, medicine.
Clinical Law for Clinical Practice
by Robert WheelerClinicians must practice medicine in conformity with regulatory requirements. That is the daily challenge, and those requirements have been founded on medical law. This book describes clinical law. A series of 60 brief commentaries are described, each setting out an important clinical legal case decided in an English court. The clinical relevance of the judgement is explained, together with how it should influence the care of the patient. Clinical readers are given skeleton guidance by their regulators, but almost no specific tuition as to how to apply it. This book sets out how clinical law has been applied in numerous cases, and thus provides guidance which is directly applicable to every clinician’s practice in the United Kingdom. Although most court cases concentrate on the medical aspects of patients’ care, the common currencies within clinical law touch on all clinical professions. Doctors, physiotherapists and others take consent every day; pharmacists must protect confidentiality; speech therapists consider the capacity of their patients; and nurses wrestle with discussions relating to whether their patients wish to be resuscitated The book is directed at members of the eight regulated clinical professions, the lawyers who deal with disputes, and all potential patients. About the Author Robert Wheeler, FRCS MS LLB(Hons) LLM, is a Consultant Neonatal and Paediatric Surgeon. He is the Associate Medical Director for the Department of Clinical Law, University Hospital of Southampton, Southampton Hampshire, England. https://www.uhs.nhs.uk/HealthProfessionals/Clinical-law-updates/Clinicallawupdates.aspx
Clinical Law for Clinical Practice
by Robert WheelerClinicians must practice medicine in conformity with regulatory requirements. That is the daily challenge, and those requirements have been founded on medical law. This book describes clinical law. A series of 60 brief commentaries are described, each setting out an important clinical legal case decided in an English court. The clinical relevance of the judgement is explained, together with how it should influence the care of the patient. Clinical readers are given skeleton guidance by their regulators, but almost no specific tuition as to how to apply it. This book sets out how clinical law has been applied in numerous cases, and thus provides guidance which is directly applicable to every clinician’s practice in the United Kingdom. Although most court cases concentrate on the medical aspects of patients’ care, the common currencies within clinical law touch on all clinical professions. Doctors, physiotherapists and others take consent every day; pharmacists must protect confidentiality; speech therapists consider the capacity of their patients; and nurses wrestle with discussions relating to whether their patients wish to be resuscitated The book is directed at members of the eight regulated clinical professions, the lawyers who deal with disputes, and all potential patients. About the Author Robert Wheeler, FRCS MS LLB(Hons) LLM, is a Consultant Neonatal and Paediatric Surgeon. He is the Associate Medical Director for the Department of Clinical Law, University Hospital of Southampton, Southampton Hampshire, England. https://www.uhs.nhs.uk/HealthProfessionals/Clinical-law-updates/Clinicallawupdates.aspx
Clinical Legal Education in Asia: Accessing Justice for the Underprivileged
by Shuvro Prosun SarkerThis book describes the history, present status and possible future models of clinical legal education (CLE) in 12 Asian countries, with particular focus on the Asian character of CLE as it has evolved in different countries.
Clinical Negligence
by Dr Dr Michael Powers KC Dr Anthony Barton"I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COMThis book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.Those needing clear guidance to make the best possible preparations for an action will find all they need here.The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as:- Williams v Bermuda Hospitals [2016] UKPC 4 (causation)- R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests)- Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist)- ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality)- Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs)- Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy)- Khan v Meadows [2021] UKSC 21 (scope of duty of care)- Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structureThe new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice.This title is included in Bloomsbury Professional's Clinical Negligence online service.
Clinical Negligence
by Michael Powers QC Anthony BartonClinical Negligence, Fifth Edition remains the only text of its kind to cover both medical and legal aspects of medical negligence. Written by a team of 54 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.Those needing clear updated guidance to make the best possible preparations for an action will find all they need here.Updates in the fifth editionSome of the key developments covered in the new edition are:New funding regime under Legal Aid, Punishment and Sentencing of Offenders Act 2012Montgomery v LanarkshireThe Mid Staffordshire NHS Foundation Trust Public Inquiry (“Francis Report”)Sienkievicz v Greif Bailey v Ministry of Defence on causationWhetstone v MPS and Woodland v Essex County Council on liability of practicesPrivatisation of funding access to justice in clinical negligenceNew costs regime (QOWCS) under Civil Procedures RulesCoroners and Justice Act 2009 and secondary legislationEasy-to-access structureThe new edition maintains its easy-to-access, two-part structure. The first part, set out in 17 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. The final 25 chapters in the second part cover the risks associated with particular areas of specialist medical practice. Previous print edition ISBN: 9781847660756
Clinical Negligence in General Practice
by Michael DruryThis, the second edition of a text which aims to assist in the identification of skin lesions, contains extra text, algorithms and colour illustrations. Topics overed include erythematous and non-erythematous rashes and lesions on the face, trunk and limbs.
Clinical Negligence in General Practice
by Michael DruryThis, the second edition of a text which aims to assist in the identification of skin lesions, contains extra text, algorithms and colour illustrations. Topics overed include erythematous and non-erythematous rashes and lesions on the face, trunk and limbs.
Clinical Neurotechnology meets Artificial Intelligence: Philosophical, Ethical, Legal and Social Implications (Advances in Neuroethics)
by Orsolya Friedrich Andreas Wolkenstein Christoph Bublitz Ralf J. Jox Eric RacineNeurotechnologies such as brain-computer interfaces (BCIs), which allow technical devices to be used with the power of thought or concentration alone, are no longer a futuristic dream or, depending on the viewpoint, a nightmare. Moreover, the combination of neurotechnologies and AI raises a host of pressing problems. Now that these technologies are about to leave the laboratory and enter the real world, these problems and implications can and should be scrutinized.This volume brings together scholars from a wide range of academic disciplines such as philosophy, law, the social sciences and neurosciences, and is unique in terms of both its focus and its methods. The latter vary considerably, and range from philosophical analysis and phenomenologically inspired descriptions to legal analysis and socio-empirical research. This diversified approach allows the book to explore the entire spectrum of philosophical, normative, legal and empirical dimensions of intelligent neurotechnologies. Philosophical and legal analyses of normative problems are complemented by a thorough empirical assessment of how BCIs and other forms of neurotechnology are being implemented, and what their measurable implications are. To take a closer look at specific neurotechnologies, a number of applications are addressed. Case studies, previously unidentified issues, and normative insights on these cases complement the rich portrait this volume provides. Clinicians, philosophers, lawyers, social scientists and engineers will greatly benefit from the collection of articles compiled in this book, which will likely become a standard reference work on the philosophy of intelligent neurotechnologies.
Clinical Reasoning: Knowledge, Uncertainty, and Values in Health Care (Studies in Applied Philosophy, Epistemology and Rational Ethics #58)
by Daniele ChiffiThis book offers a philosophically-based, yet clinically-oriented perspective on current medical reasoning aiming at 1) identifying important forms of uncertainty permeating current clinical reasoning and practice 2) promoting the application of an abductive methodology in the health context in order to deal with those clinical uncertainties 3) bridging the gap between biomedical knowledge, clinical practice, and research and values in both clinical and philosophical literature. With a clear philosophical emphasis, the book investigates themes lying at the border between several disciplines, such as medicine, nursing, logic, epistemology, and philosophy of science; but also ethics, epidemiology, and statistics. At the same time, it critically discusses and compares several professional approaches to clinical practice such as the one of medical doctors, nurses and other clinical practitioners, showing the need for developing a unified framework of reasoning, which merges methods and resources from many different clinical but also non-clinical disciplines. In particular, this book shows how to leverage nursing knowledge and practice, which has been considerably neglected so far, to further shape the interdisciplinary nature of clinical reasoning. Furthermore, a thorough philosophical investigation on the values involved in health care is provided, based on both the clinical and philosophical literature. The book concludes by proposing an integrative approach to health and disease going beyond the so-called “classical biomedical model of care”.
Clinical Research and the Law
by Patricia M. TereskerzThe legal implications of conducting clinical research and trials are becoming more complex. Everyone involved in clinical research increasingly needs to be aware of not only the ethical issues at stake but also how the law affects medical practice and research. Much of clinical research and trial law and litigation is comparatively recent and researchers need to ensure current compliance on a wide range of issues. Including: standards and duty of care informed consent conflicts of interest research contracts establishing clinical trials the disclosure and withholding of clinical trial results Clinical Research and the Law comprehensively discusses these topics and provides the answers to the legal questions and potential pitfalls encountered in medical research. It is an up-to-date, practical guide for clinical investigators and their institutional administrators, particularly risk managers and research administrators, as well as healthcare administrators and members of institutional review boards. This book is also a key resource for medical students, postgraduate research students, practicing attorneys and counselors for teaching hospitals and institutions undertaking clinical research and contract research organizations.
Clinical Research and the Law
by Patricia M. TereskerzThe legal implications of conducting clinical research and trials are becoming more complex. Everyone involved in clinical research increasingly needs to be aware of not only the ethical issues at stake but also how the law affects medical practice and research. Much of clinical research and trial law and litigation is comparatively recent and researchers need to ensure current compliance on a wide range of issues. Including: standards and duty of care informed consent conflicts of interest research contracts establishing clinical trials the disclosure and withholding of clinical trial results Clinical Research and the Law comprehensively discusses these topics and provides the answers to the legal questions and potential pitfalls encountered in medical research. It is an up-to-date, practical guide for clinical investigators and their institutional administrators, particularly risk managers and research administrators, as well as healthcare administrators and members of institutional review boards. This book is also a key resource for medical students, postgraduate research students, practicing attorneys and counselors for teaching hospitals and institutions undertaking clinical research and contract research organizations.
Clinical Research Involving Pregnant Women: Missed Trials (Research Ethics Forum #3)
by Françoise Baylis Angela BallantyneThis book discusses ‘how’ to respectfully and responsibly include pregnant women in clinical research. In sharp contrast, the existing literature predominantly focuses on the reasons ‘why’ the inclusion of pregnant women in clinical research is necessary – viz., to develop effective treatments for women during pregnancy, to promote fetal safety, to reduce harm to women and fetuses from suboptimal care, and to allow access to the benefits of research participation. This book supports the shift to a new default position, whereby pregnant women are included in clinical research unless researchers argue convincingly for their exclusion. This shift raises many as yet unexplored ethical and policy questions about existing barriers to the equitable inclusion of pregnant women in research. This book is original in three key ways. First, it presents an unparalleled depth of analysis of the ethics of research with pregnant women, bringing together many of the key authors in this field as well as experts in research ethics and in vulnerability who have not previously applied their work to pregnant women. Second, it includes innovative theoretical work in ethics and disease specific case studies that highlight the current complexity and future challenges of research involving pregnant women. Third, the book brings together authors who argue both for and against including more pregnant women in formal clinical trials.
Clinical Trials in Latin America: Where Ethics And Business Clash (Research Ethics Forum #2)
by Nuria Homedes Antonio UgaldeThe outsourcing of clinical trials to Latin America by the transnational innovative pharmaceutical industry began about twenty years ago. Using archival information and field work in Argentina, Brazil, Costa Rica, Mexico and Peru, the authors discuss the regulatory contexts and the ethical dimensions of human experimentation in the region. More than 80% of all clinical trials in the region take place in these countries, and the European Medicines Agency has defined them as priority countries in Latin America. The authors raise questions about the quality of data obtained from the trials and the violation of human rights during their implementation. Their findings are presented in this volume, the first in-depth analysis of clinical trials in the region.
The Clique
by null Rhiannon Barnsley'The Split meets Apple Tree Yard. Sharp, clever and wildly addictive… the ultimate summer page-turner’ Sunday Times bestseller B P Walter ‘The best kind of up-all-night page-turner… stylish, feisty, thrilling – you’ll want to be on the Inside track’ Amy McCulloch There’s only one way to join their society. If someone leaves, or dies… High-flying lawyer Sara O’Neil had it all; the career, the money, the prestige. And then she jumped to her death. Cassandra Harlow never expected to see her friend fall from their office rooftop. Someone knows what really happened. But the only people who might know the truth are a secret women-only society, Inside, whose promise is to fast-track your career. But if Sara was part of it and they helped facilitate her rise to the top, could they also be the reason she came crashing down to earth? 'Prepare to gasp out loud! Fast-paced and tense. You won’t be able to stop reading’ Lauren North, author of My Word Against His 'A blistering pace and a dark world full of intrigue made this a totally unputdownable read’ S.E. Lynes, author of The Housewarming Early readers have joined The Clique, will you? 'I loved this so much the secret society of all women is amazing and so sneaky the twists and turns were everything’ ⭐⭐⭐⭐⭐ 'Wow what a rollercoaster of a read’ ⭐⭐⭐⭐⭐ 'Gripping from start to finish with an ending I did not see coming’ ⭐⭐⭐⭐⭐ 'A good story with alot of unexpected twists and turns along the way’ ⭐⭐⭐⭐⭐ '8/10 would want to take down this society vigilante style!’ ⭐⭐⭐⭐ 'Thrilling and fast paced, this is one you don't want to miss’ ⭐⭐⭐⭐⭐ ‘Had me on the edge of my seat’ ⭐⭐⭐⭐⭐ ‘An utterly blinding psychological thriller… a must if you like a nail-biting thriller’ ⭐⭐⭐⭐⭐ 'An original story with great characters that had me completely hooked. One of the best books I've read for a while’ ⭐⭐⭐⭐⭐ ‘A well paced and tense read’ ⭐⭐⭐⭐⭐ ‘What a ride’ ⭐⭐⭐⭐⭐ ‘An absolute rollercoaster ride. Murder, lies and red herrings…You have no idea what's is going to happen’ ⭐⭐⭐⭐⭐
The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
by Paul O. CarreseHow did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism
by Paul O. CarreseHow did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.