A New Statesman Book of the Year

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today.

Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity.

Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts.

Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

What we don’t know can hurt us—and does so every day. Climate change, health care policy, weapons of mass destruction, an aging infrastructure, stem cell research, endangered species, space exploration—all affect our lives as citizens and human beings in practical and profound ways. But unless we understand the science behind these issues, we cannot make reasonable decisions—and worse, we are susceptible to propaganda cloaked in scientific rhetoric.

To convey the facts, this book suggests, scientists must take a more active role in making their work accessible to the media, and thus to the public. In Am I Making Myself Clear? Cornelia Dean, a distinguished science editor and reporter, urges scientists to overcome their institutional reticence and let their voices be heard beyond the forum of scholarly publication. By offering useful hints for improving their interactions with policymakers, the public, and her fellow journalists, Dean aims to change the attitude of scientists who scorn the mass media as an arena where important work is too often misrepresented or hyped. Even more important, she seeks to convince them of the value and urgency of communicating to the public.

Am I Making Myself Clear? shows scientists how to speak to the public, handle the media, and describe their work to a lay audience on paper, online, and over the airwaves. It is a book that will improve the tone and content of debate over critical issues and will serve the interests of science and society.

“The history of medicine in Pennsylvania is no less vital to understanding the state’s past than is its political or industrial history,” writes James Higgins in The Health of the Commonwealth, his overview of medicine and public health in the state. Covering the outbreak of yellow fever in 1793 through the 1976 Legionnaire’s Disease epidemic, and the challenges of the present day, he shows how Pennsylvania has played a central role in humanity’s understanding of—and progress against—disease.

Higgins provides close readings of specific medical advances—for instance, scientists at the University of Pittsburgh discovered the polio vaccine—and of disease outbreaks, like AIDS. He examines sanitation and water purification efforts, allopathic medicine and alternative therapies, and the building of the state’s tuberculosis sanitaria. Higgins also describes Native American and pre-modern European folk medicine, the rise of public health in the state, and women’s roles in both folk and scientific medicine. 

The Health of the Commonwealth places Pennsylvania’s unique contribution to the history of public health and medicine in a larger narrative of health and disease throughout the United States and the world.

Between 1919 and his death by suicide in 1963, Arthur Crew Inman wrote what is surely one of the fullest diaries ever kept by any American. Convinced that his bid for immortality required complete candor, he held nothing back. This abridgment of the original 155 volumes is at once autobiography, social chronicle, and an apologia addressed to unborn readers.

Into this fascinating record Inman poured memories of a privileged Atlanta childhood, disastrous prep-school years, a nervous collapse in college followed by a bizarre life of self-diagnosed invalidism. Confined to a darkened room in his Boston apartment, he lived vicariously: through newspaper advertisements he hired “talkers” to tell him the stories of their lives, and he wove their strange histories into the diary. Young women in particular fascinated him. He studied their moods, bought them clothes, fondled them, and counseled them on their love affairs. His marriage in 1923 to Evelyn Yates, the heroine of the diary, survived a series of melodramatic episodes. While reflecting on national politics, waifs and revolutions, Inman speaks directly about his fears, compulsions, fantasies, and nightmares, coaxing the reader into intimacy with him. Despite his shocking self-disclosures he emerges as an oddly impressive figure.

This compelling work is many things: a case history of a deeply troubled man; the story of a transplanted and self-conscious southerner; a historical overview of Boston illuminated with striking cityscapes; an odd sort of American social history. But chiefly it is, as Inman himself came to see, a gigantic nonfiction novel, a new literary form. As it moves inexorably toward a powerful denouement, The Inman Diary is an addictive narrative.

Made Free and Thrown Open to the Public charts the history of public libraries and librarianship in Pennsylvania. Based on archival research at more than fifty libraries and historical societies, it describes a long progression from private, subscription-based associations to publicly funded institutions, highlighting the dramatic period during the late nineteenth and early twentieth centuries when libraries were “thrown open” to women, children, and the poor. Made Free explains how Pennsylvania’s physical and cultural geography, legal codes, and other unique features influenced the spread and development of libraries across the state. It also highlights Pennsylvania libraries’ many contributions to the social fabric, especially during World War I, the Great Depression, and World War II. Most importantly of all, Made Free convincingly argues that Pennsylvania libraries have made their greatest strides when community activists and librarians, supported with state and local resources, have worked collaboratively.

Mastering Boston Harbor chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.

Charles Haar provides a fascinating study of the convergence of judicial supervision with political, environmental, financial, and technological interests. He challenges those who will instantly decry an "activist" judiciary and pulls back the curtain on the serious problems a court faces when it must grapple with an intractable problem affecting public interest. Haar demonstrates that at times only a resolute judiciary can energize and coordinate the branches of government to achieve essential contemporary social goals--goals that are endorsed and supported by a majority whose voice is often ignored in legislative and executive back rooms.

Because of his experience as special master in the dispute, Haar provides the reader with an insider's view of a modern brand of judicial decision-making that is not anti-majoritarian, and could be applied to similar crises in which the legislative and executive branches of government are impotent. Citizens concerned about the conflict between unbridled economic liberty and environmental protection will gain important insight from this eyewitness account of how the "harbor of shame" became a vibrant focal point for the renewal of Boston as a world-class city.

Runaway medical costs, long-term care, market competition, for-profit medicine, nursing shortages—these are but a few of the issues that swirl around in the late twentieth century’s volatile health care scene. How much of the system do we want to change, and how much do we want to keep? Health policy expert Eli Ginzberg examines such crucial questions in his characteristically broad-gauged perspective. Framing the issues in their historical, political, and professional contexts, the author analyzes how we have arrived at the current crisis.

The book focuses on the three sides of the medical triangle that have separate and sometimes conflicting goals: the physicians want to provide the most health care for the most money; the government, which furnishes 40 percent of the system's funding, wants to limit the money it pays out for health care; and the public, with over a billion annual visits to doctors, wants the most health care for the least money.

Ginzberg explains how the core components of our health care system—the community hospital and physicians who have long practiced in a fee-for-service mode—are under attack, and he indicates the factors that make it uncertain whether the destabilization will slow down or accelerate. Moreover, can key health care centers maintain their leadership in a time when new dollars for health are scarce? How will the floundering state of foundations affect medical care in local communities?

In his final chapters the author zeroes in on the special concerns of the public: high-need patients (including those suffering from cancer, catastrophic illness, and the infirmities of old age, or those who are mentally ill or chronically poor), nursing shortages, unsuccessful cost containment, and lack of consensus within the medical triangle about the major issues on our nation's health agenda.

The years 1920–1970 saw revolutionary change in the character of the monetary system as a consequence of depression, war, and finally prosperity. The same years saw equally revolutionary change in the character of economic ideas as the rise of statistics, Keynesian economics, and then Walrasian economics transformed the style of economic explanation. The two lines of change reinforced one another, as monetary events posed new questions that required new conceptual approaches, and as monetary ideas suggested possible directions for monetary policy.

Against this background of change, Perry Mehrling tells a story of continuity around the crucial question of the role of money in American democracy, a question associated generally with the Progressive tradition and its legacy, and more particularly with the institutionalist tradition in American economic thought. In this story, which he tells through the ideas and lives of three prominent institutionalists—Allyn Young, Alvin Hansen, and Edward Shaw—progress is measured not by the swings of fashion between two polar traditions of monetary thought—quantity theory and anti-quantity theory—but rather by the success with which each succeeding generation finds its footing on the shifting middle ground between the two extremes.

More than a simple history of monetary doctrine, the book makes a case for the continuing influence of a distinctly American tradition on the evolution of economic thought in general. In this tradition, monetary and financial institutions are shaped by historical forces and adapt to the changing needs of the economy.

Understanding paras as key players in Black and Latino struggles for jobs and freedom, Nick Juravich details how the first generation of paras in New York City transformed work in public schools and the relationships between schools and the communities they served. Paraprofessional programs created hundreds of thousands of jobs in working-class Black and Latino neighborhoods. These programs became an important pipeline for the training of Black and Latino teachers in the1970s and early 1980s while paras’ organizing helped drive the expansion and integration of public sector unions.

An engaging portrait of an invisible profession, Para Power examines the lives and practices of the first generation of paraprofessional educators against the backdrop of struggles for justice, equality, and self-determination.

This book addresses how gender became a defining category in the political and social modernization of Japan. During the early decades of the Meiji period (1868–1912), the Japanese encountered an idea with great currency in the West: that the social position of women reflected a country’s level of civilization. Although elites initiated dialogue out of concern for their country’s reputation internationally, the conversation soon moved to a new public sphere where individuals engaged in a wide-ranging debate about women’s roles and rights.

By examining these debates throughout the 1870s and 1880s, Marnie S. Anderson argues that shifts in the gender system led to contradictory consequences for women. On the one hand, as gender displaced status as the primary system of social and legal classification, women gained access to the language of rights and the chance to represent themselves in public and play a limited political role; on the other, the modern Japanese state permitted women’s political participation only as an expression of their “citizenship through the household” and codified their formal exclusion from the political process through a series of laws enacted in 1890. This book shows how “a woman’s place” in late-nineteenth-century Japan was characterized by contradictions and unexpected consequences, by new opportunities and new constraints.

The steady accretion of public policies over the decades has fundamentally changed how America is governed. The formulation and delivery of policy have emerged as the government’s entire raison d’être, redefining rights and reconfiguring institutional structures. The Policy State looks closely at this massive unnoticed fact of modern politics and addresses the controversies swirling around it. Government has become more responsive and inclusive, but the shift has also polarized politics and sowed a deep distrust of institutions. These developments demand a thorough reconsideration of historical governance.

“A sterling example of political science at its best: analytically rigorous, historically informed, and targeted at questions of undeniable contemporary significance… Orren and Skowronek uncover a transformation that revolutionized American politics and now threatens to tear it apart.”
—Timothy Shenk, New Republic

“Wherever you start out in our politics, this book will turn your sense of things sideways and make you rethink deeply held assumptions. It’s a model of what political science could be, but so rarely is.”
—Yuval Levin, National Review

“A gripping narrative…opening up new avenues for reflection along methodological, conceptual, and normative lines.”
—Bernardo Zacka, Contemporary Political Theory

Pompeii's tragedy is our windfall: an ancient city fully preserved, its urban design and domestic styles speaking across the ages. This richly illustrated book conducts us through the captured wonders of Pompeii, evoking at every turn the life of the city as it was 2,000 years ago.

When Vesuvius erupted in 79 A.D. its lava preserved not only the Pompeii of that time but a palimpsest of the city's history, visible traces of the different societies of Pompeii's past. Paul Zanker, a noted authority on Roman art and architecture, disentangles these tantalizing traces to show us the urban images that marked Pompeii's development from country town to Roman imperial city. Exploring Pompeii's public buildings, its streets and gathering places, we witness the impact of religious changes, the renovation of theaters and expansion of athletic facilities, and the influence of elite families on the city's appearance. Through these stages, Zanker adeptly conjures a sense of the political and social meanings in urban planning and public architecture.

The private houses of Pompeii prove equally eloquent, their layout, decor, and architectural detail speaking volumes about the life, taste, and desires of their owners. At home or in public, at work or at ease, these Pompeians and their world come alive in Zanker's masterly rendering. A provocative and original reading of material culture, his work is an incomparable introduction to urban life in antiquity.

The United States was founded on a commitment to religious tolerance. Based on this commitment, it has become one of the most religiously diverse and religiously observant liberal democracies in the world. Inherent in this political reality is the question, "What is the appropriate relationship between religious beliefs and public life?" This is not a new question, but in contemporary US politics it has become a particularly insistent one. In this intelligent, wide-ranging book, Kristin Heyer provides new and nuanced answers.

Prophetic and Public employs the discourse of public theology to consider what constitutes appropriate religio-political engagement. According to Heyer, public theology connects religious faith, concepts, and practices to their public relevance for the wider society. Her use of public theology concepts to address the appropriate possibilities and limits for religio-political engagement in the United States is both useful and enlightening.

Heyer approaches the relationship between public morality and religious commitment through the example of the Catholic Church. She looks at two prominent Catholics—Michael Baxter and Bryan Hehir—as a way of discussing norms for practice of public theology. Heyer also analyzes case studies of three US Catholic advocacy groups: The US Conference of Catholic Bishops, NETWORK, and Pax Christi USA. Through her analysis she shows the various ways that the organizations' Catholic identity impacts their social and political efforts. From her investigations come norms that define possibilities and limits for political actions based on religious conviction.

This deeply thoughtful book examines what is truly fundamental and inescapable about public life and private religious belief in the United States. In doing so, it makes skillful use of the tools of theology, philosophy, law, and advocacy to demonstrate that the Catholic Church reveals great diversity in its public theology, providing legitimate options for a faithful response to urgent political issues.

Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation.

Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows.

Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms.

Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.

We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want.

John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships.

This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions.

The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.