"This book began in an argument between friends surprised to find themselves on opposite sides of the debate about whether the United States and the United Kingdom should invade Iraq in 2003. Situated on opposite sides of the Atlantic, in different churches, and on different sides of the just war/pacifist fence, we exchanged long emails that rehearsed on a small scale the great national and international debates that were taking place around us. We discovered the common ground we shared, as well as some predictable and some surprising points of difference....When the initial hostilities ended, our conversation continued, and we felt the urgency of contributing to a wider Christian debate about whether and when war could be justified."—From the Preface
So began a dynamic collaboration that developed into a civil but provocative debate over matters of war and peace that is Faith and Force. From the ancient battles between Greek city-states to the Crusades to the World Wars of the twentieth-century to the present-day wars in Afghanistan and Iraq and the Middle East, aggressors and defenders alike have claimed the mantle of righteousness and termed their actions just. But can the carnage of war ever be morally grounded? And if so, how?
These are the questions that David L. Clough, a Methodist proponent of pacifism, and Brian Stiltner, a Catholic theologian and just war adherent, have vowed to answer—together. With one voice, Clough and Stiltner outline and clarify issues of humanitarian intervention, weapons proliferation, and preventative war against rogue states. Their writing is grounded in Christian tradition and provides a fresh and illuminating account of the complexities and nuances of the pacifist and just war positions.
In each chapter Clough and Stiltner engage in debate on the issues, demonstrating a respectful exchange of ideas absent in much contemporary political discourse—whether on television or in the classroom. The result is a well-reasoned, challenging repartee that searches for common ground within the Christian tradition and on behalf of the faithful promotion of justice—yet one that also recognizes genuine differences that cannot be bridged easily. Intended for a broad audience, Faith and Force is the perfect foil to the shrill screeching that surrounds partisan perspectives on military power and its use.
To help with using the book in a classroom context, the authors have provided Questions for Reflection and Discussion for each chapter. You can download these questions in PDF format at press.georgetown.edu.
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars.
In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
In this book, first published in 1985, Ernest G. Bormann explores mass persuasion in America from 1620 to 1860, examining closely four rhetorical communities: the revivals of 1739–1740, the hot gospel of the postrevolutionary period, the evangelical revival and reform of the 1830s, and the Free Soil and Republican parties. Each community varies greatly, but Bormann asserts that each succeeding community shares a rhetorical vision of restoring the “American Dream” that is essentially a modification of the previous visions. Thus, they form a family of rhetorical visions that constitutes a rhetorical tradition of importance in nineteenth-century American popular culture.
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.
Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent.
Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.
Can humanity escape segregating behavior or master the tendency to exclusion? Where does the force of prejudice come from? How might one conceive the philosophical foundations of an effective antiracism? Pursuing these questions, Pierre-André Taguieff puts forward a powerful thesis: that racism has evolved from an argument about races, naturalizing inequality between "biologically" defined groups on the basis of fear of the other, to an argument about cultures, naturalizing historical differences and justifying exclusion. Correspondingly, he shows how antiracism must adopt the strategy that fits the variety of racism it opposes.
Looking at racial and racist theories one by one and then at their antiracist counterparts, Taguieff traces an intellectual genealogy of differentialist and inegalitarian ways of thinking. Already viewed as an essential work of reference in France, The Force of Prejudice is an invaluable tool for identifying and understanding both racism and its antidote in our day.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
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