Authored by Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? Second Edition questions whether America’s judicial system c an effectively initiate social change. According to Rosenberg (2008) , the courts cannot at any given time spur political and social reform . This is because they are relatively ineffective and weak despite the immense amounts of resources bestowed on them . The author further justifies his evaluation of the American judicial system . This is done through reference to various documen ts that outline the direct and secondary effects of critical court verdicts and decision s in cases touching on social reform, human rights, abortion, women’s rights and same-sex marriages. This essay seeks to summarize Rosenberg’s ideas as captured on pages 39 to 169 in Part 1 of the book.
In Part 1 of the book, Rosenberg addresses civil rights. T he author begins by analyzing the contributions of Chief Justice Earl Warren i n the emergence and growth of the c ivil rights movement in America. E mphasis is placed on the Supreme Court decision by Chief Justice Earl “Brown” Warren on the issue of separate but equal doctrine which led to the enactment of the Fourteenth Amendment by the Supreme Court. According to the author, the pronouncement by Brown marked the first ever active involvement of the federal courts in the civil rights movements ’ activities. The courts eventually began highlighting the various incidences of racial segregation carried out against colored Americans and bringing them into the limelight so as to create societal awareness of the existence of such vices. Nevertheless, the ineffectiveness of courts in enforc ing equality in the American society was depicted in the case of B o lling Versus Sharpe in 1954 . This case sought answers to questions relating to segregation in elementary and secondary schools. It was established that four states , including Arizona, Kansas, New Mexico and Wyoming still condoned segregation in elementary and secondary schools wh en other states prohibited the vice (Rosenberg, 2008).
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The author also analyses civil rights in light of the conditions, constraints, and courts . Here, he discusses the reliance on courts as tools of social change. For instance, the courts were exposed to various constraints while the conditions for overcoming the se limitations were evidently absent. Critics of this section of the book have argued that the author seems to be asking so much from the courts without considering the conditions under which the entire judicial system operated. For instance, w hile the National Association for the Advancement of Colored People ( NAACP ) wholly depended on litigation to drive its agenda, the courts were awarded scarce resources thereby jeopardizing their efficiency. Scholars on matters of litigation subsequently provided little information and paid insufficient attention to the effects of litigation as an approach to initiat ing meaningful so cial reforms in society. Similarly, most policy reformers did not bring up the concept of litigation as an appropriate measure for invok ing social change. Thus , Rosenberg (2008) reckons that litigation as a tool for social change eventually failed. This is because t he conditions as characterized by the endless constraints could not favor its success .
T he author further assesses the overall impact of the courts on the progress of civil rights movements. He observes that although the conditions had been unfavorable to support litigation, the involvement of the courts can be termed as an act of ‘ planting the seeds of progress. ’ The author argues that the willingness of the courts to support civil rights movement was a major indicator of the much-anticipated support . This support was necessary for f ight ing for equality in a society that was marred by numerous incidences of racial discrimination. In what he refers to as “ t he c urrent of h istory,” the author assesses the overall effect of the constraints on the effectiveness of courts , followed by their support for the civil rights movements and how this laid the foundation for America’s notion of civil rights as it is today.
References
Rosenberg, G. N. (2008). The hollow hope: Can courts bring about social change? University of Chicago Press.
