Book Reviews : La Pression des Groups Internationaux. Esquisse d'un Cadre de Recherche. By JEAN MEYNAUD. (Paris: Fondation Nationale des Sciences Politiques, Centre d'Étude des Relations Internationales. 1960. Pp. 86. NF 5.)
| Author | Heinz R. Hink |
| DOI | 10.1177/106591296101400432 |
| Date | 01 December 1961 |
| Published date | 01 December 1961 |
| Subject Matter | Articles |
986
&dquo;underdog,&dquo;
the
laboring
class,
and
civil
rights
are
carefully
noted
and
criticized.
And
Black’s
willingness
to
use
the
law
as
an
instrument
in
the
pursuit
of
his
ideals
seems
to
Mendelson
an
abuse
of
judicial
prerogative
and
a
disservice
to
democracy.
Frankfurter,
on
the
other
hand,
is
described
as
a
pragmatist
whose
wisdom
is
that
of
experience
wedded
to
reason,
a
&dquo;humilitarian&dquo;
who
would
deign
to
be
so
bold
as
to
impose
his
personal
will
on
the
community.
This
does
not
rule
out
judicial
discretion,
but
Frankfurter,
says
Mendelson,
is
guided
by
that
&dquo;old
pragmatic
genius
who
made
the
common
law
one
of
the
world’s
two
great
legal
systems&dquo;
-
the
reasonable
man.
The
basic
Frankfurter-Mendelson
position
is
that
&dquo;judicial
interference
with
the
extra
judicial
processes
of
government
is
permissible
only
when
the
concrete
facts
of
a
specific
case
leave
no
room
for
doubt,
i.e.,
when
the
court
is
prepared
to
hold
that
no
reasonable
mind
could
support
the
challenged
legislative
view.
This
is
to
say
simply
that
uncertainty
is
to
be
resolved
in
favor
of
the
wisdom
and
integrity
of
sister
organs
of
government
and
the
people
to
whom
they
are
responsible.
For
doubt
entails
choice,
and
choice
in
a
democracy
belongs
to
the
political
processes.&dquo;
Having
drawn
the
lines
of
conflict,
Mendelson
sees
the
significance
of
the
two
positions
in
terms
of
long-range
consequences
for
democracy.
But
he
produces
more
hard
evidence
for
short-range
results
such
as
differences
in
voting
behavior.
Thus,
the
number
of
pro-labor
votes
cast
in
59
Fair
Labor
Standard
Act
cases
were
55
for
Black
and
32
for
Frankfurter.
In
25
ICC
cases,
Black
supported
the
agency
four
times
while
in
16
cases,
Frankfurter
was
pro-ICC
in
13.
Therefore
Mendelson
thinks
Black
is
more
pro-labor
and
anti-ICC
than
Frankfurter.
If
the
Mendelson
method
of
analysis
is
valid,
one
might
suppose
that
the
values
promoted
by
Black
and
Frankfurter
differ
more
than
the
ability
of
each
to
resist
the
temptation
to
re-enforce
his
own
particular
views
of
a
better
social
system.
Mendelson
does
not
appreciate
sufficiently
that
one
judge’s
&dquo;reasonable
man&dquo;
is
another
judge’s
&dquo;idiot&dquo;
-
that
Frankfurter,
as
well
as
Black,
is
promoting
his
own
conception
of
a
social
and
political
order
and
the
role
of
the
Supreme
Court
in
that
order.
Whether
Frankfurter
can
better
rationalize
his
approach
in
terms
of
democratic
theory
would
seem
to
be
the
major
question
to
which
more
attention
could
have
been
devoted.
Michigan
State
University
S.
SIDNEY
ULMER
La
Pression
des
Groups
Internationaux.
Esquisse
d’un
Cadre
de
Recherche.
By
JEAN
MEYNAUD.
(Paris:
Fondation
Nationale
des
Sciences
Politiques,
Centre
d’Étude
des
Relations
Internationales.
1960.
Pp.
86.
NF
5.)
M.
Meynaud,
professor
of
political
science
at
the
Universities of
Geneva
and
Lausanne,
suspects
that
as
yet
our
theoretical
analysis
of
private
national,
re-
gional,
and
international
organizations
operating
in
the
international
realm
is
inadequate.
To
stimulate
our
thinking
and
to
make
more
operational
the
concept
of
groupes
de
pression
internationaux,
he
sketches
research
possibilities
for
the
systematization
of
these
groups,
an
understanding
of
their
nature,
and
a
checking
of
his
operational
concepts
in
light
of
the
actual
international
processes.
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