Book Recommendation: "The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero

Review and Synopsis of "The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero" by Peter S. Canellos

By Robert Steiner MS, M.Ed, JD

"The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero" by Peter S. Canellos provides a comprehensive biography of Justice John Marshall Harlan, known for his powerful dissenting opinions on the Supreme Court during a pivotal period in American history. The book explores Harlan's judicial philosophy, his role in shaping constitutional law, and his enduring legacy as a champion of civil rights and individual liberties.

Canellos delves into Harlan's life, from his early years in Kentucky to his appointment to the Supreme Court in 1877. The biography highlights Harlan’s significant contributions to the Court, particularly his dissents in landmark cases such as *Plessy v. Ferguson* and *Lochner v. New York*. Through detailed research and engaging narrative, Canellos illustrates how Harlan's dissents, though often in the minority at the time, laid the groundwork for future legal advancements and his reputation as a moral and judicial trailblazer.

Review

Peter S. Canellos’s "The Great Dissenter" is a meticulously researched and eloquently written biography that shines a light on one of the most influential yet underappreciated figures in American legal history. The book presents John Marshall Harlan not just as a jurist but as a forward-thinking advocate for justice whose opinions often stood in contrast to the prevailing views of his time.

Canellos’s portrayal of Harlan is both nuanced and admiring. He effectively conveys Harlan’s intellectual rigor and commitment to principle, even when it meant standing alone against the majority. The biography is compelling in its narrative, combining historical context with detailed analysis of Harlan's judicial opinions. Canellos’s writing is accessible, making complex legal and historical issues understandable to a broad audience while providing valuable insights for legal scholars.

One of the most notable strengths of the book is its detailed examination of Harlan's dissents, which were often visionary and prescient. Canellos effectively demonstrates how Harlan's dissenting opinions anticipated and influenced future legal developments, particularly in the areas of civil rights and economic regulation. The book also places Harlan’s judicial philosophy in the broader context of American history, illustrating how his views were shaped by his experiences and the social dynamics of his time.

Main Arguments in the Book

1. Harlan’s Visionary Dissents

   - Description: Harlan’s dissents often challenged prevailing legal doctrines and societal norms.

   - Argument: Canellos argues that Harlan's dissents, particularly in cases like Plessy v. Ferguson, were forward-looking and anticipated future legal and social changes. Harlan’s dissent in Plessy famously argued against the doctrine of “separate but equal,” advocating for racial equality long before the Court eventually embraced this view.

2. Commitment to Principle

   - Description: Harlan's adherence to his judicial principles even when isolated in his opinions.

   - Argument: The biography highlights Harlan’s unwavering commitment to his principles, which often put him at odds with the majority of the Court. His dedication to justice and equality, despite significant opposition, underscores his role as a moral and judicial leader.

3. Impact on Civil Rights

   - Description: Harlan’s contributions to the advancement of civil rights through his judicial work.

   - Argument: Canellos discusses how Harlan’s dissenting opinions, particularly his arguments against racial segregation and for individual liberties, laid the groundwork for future civil rights advancements. His perspective was crucial in shaping the evolving understanding of civil rights in American law.

4. Influence on Constitutional Law

   - Description: Harlan’s impact on constitutional interpretation and the development of legal doctrines.

   - Argument: The book explores how Harlan’s judicial philosophy influenced subsequent legal interpretations and decisions. His emphasis on individual rights and equality under the law contributed significantly to the development of constitutional law, despite his dissenting status.

5. Historical Context

   - Description: The role of historical and social context in shaping Harlan’s judicial views.

   - Argument: Canellos places Harlan’s career within the broader historical context, explaining how his personal experiences and the socio-political environment of the late 19th and early 20th centuries influenced his judicial philosophy and decisions.

6. Legacy and Recognition

   - Description: Harlan’s posthumous recognition and the lasting impact of his judicial contributions.

   - Argument: The biography concludes by assessing Harlan’s enduring legacy and the growing recognition of his contributions to American jurisprudence. Canellos argues that Harlan’s legacy as a dissenter has been increasingly acknowledged as central to understanding the evolution of American legal principles.

Conclusion

Peter S. Canellos’s "The Great Dissenter" offers an enlightening and thorough examination of John Marshall Harlan’s life and judicial career. The book effectively highlights Harlan’s significant yet often overlooked contributions to American constitutional law, particularly through his powerful dissents. Canellos’s portrayal of Harlan as a principled and forward-thinking jurist provides a valuable perspective on the role of dissent in shaping legal and social progress. This biography serves as a testament to Harlan’s enduring influence and his vital role in the development of civil rights and constitutional jurisprudence in the United States.

For further information or to discuss any legal matters, please contact Attorney Robert Steiner at (205) 826-4421 or via email at robert@steinerfirm.com. Whether you have questions about this article or need personalized legal advice, he is available to assist you.