Informed in 1944 that she was “not of the sex” entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called “Jane Crow.” In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women’s rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri’s Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy.
Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race—and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists’ agenda.
Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decision makers who heard—or chose not to hear—their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law.
Renowned scholar Alan F. Segal offers startlingly new insights into the origins of rabbinic Judaism and Christianity. These twin descendants of Hebrew heritage shared the same social, cultural, and ideological context, as well as the same minority status, in the first century of the common era.
Through skillful application of social science theories to ancient Western thought, including Judaism, Hellenism, early Christianity, and a host of other sectarian beliefs, Segal reinterprets some of the most important events of Jewish and Christian life in the Roman world. For example, he finds:
— That the concept of myth, as it related to covenant, was a central force of Jewish life. The Torah was the embodiment of covenant both for Jews living in exile and for the Jewish community in Israel.
— That the Torah legitimated all native institutions at the time of Jesus, even though the Temple, Sanhedrin, and Synagogue, as well as the concepts of messiah and resurrection, were profoundly affected by Hellenism. Both rabbinic Judaism and Christianity necessarily relied on the Torah to authenticate their claim on Jewish life.
— That the unique cohesion of early Christianity, assuring its phenomenal success in the Hellenistic world, was assisted by the Jewish practices of apocalypticism, conversion, and rejection of civic ritual.
— That the concept of acculturation clarifies the Maccabean revolt, the rise of Christianity, and the emergence of rabbinic Judaism.
— That contemporary models of revolution point to the place of Jesus as a radical.
— That early rabbinism grew out of the attempts of middle-class Pharisees to reach a higher sacred status in Judea while at the same time maintaining their cohesion through ritual purity.
— That the dispute between Judaism and Christianity reflects a class conflict over the meaning of covenant.
The rising turmoil between Jews and Christians affected the development of both rabbinic Judaism and Christianity, as each tried to preserve the partly destroyed culture of Judea by becoming a religion. Both attempted to take the best of Judean and Hellenistic society without giving up the essential aspects of Israelite life. Both spiritualized old national symbols of the covenant and practices that consolidated power after the disastrous wars with Rome. The separation between Judaism and Christianity, sealed in magic, monotheism, law, and universalism, fractured what remained of the shared symbolic life of Judea, leaving Judaism and Christianity to fulfill the biblical demands of their god in entirely different ways.
Rebecca's Revival is the remarkable story of a Caribbean woman--a slave turned evangelist--who helped inspire the rise of black Christianity in the Atlantic world. All but unknown today, Rebecca Protten left an enduring influence on African-American religion and society. Born in 1718, Protten had a childhood conversion experience, gained her freedom from bondage, and joined a group of German proselytizers from the Moravian Church. She embarked on an itinerant mission, preaching to hundreds of the enslaved Africans of St. Thomas, a Danish sugar colony in the West Indies. Laboring in obscurity and weathering persecution from hostile planters, Protten and other black preachers created the earliest African Protestant congregation in the Americas.
Protten's eventful life--the recruiting of converts, an interracial marriage, a trial on charges of blasphemy and inciting of slaves, travels to Germany and West Africa--placed her on the cusp of an emerging international Afro-Atlantic evangelicalism. Her career provides a unique lens on this prophetic movement that would soon sweep through the slave quarters of the Caribbean and North America, radically transforming African-American culture.
Jon Sensbach has pieced together this forgotten life of a black visionary from German, Danish, and Dutch records, including letters in Protten's own hand, to create an astounding tale of one woman's freedom amidst the slave trade. Protten's life, with its evangelical efforts on three continents, reveals the dynamic relations of the Atlantic world and affords great insight into the ways black Christianity developed in the New World.
How could the West have better prepared for the fall of communism and gained a clearer picture of Russia's new political landscape? By cultivating an awareness, Nicolai Petro argues, of the deep democratic aspirations of the Russian people since Muscovite times. Petro traces the long history of those aspirations, recovering for us an understanding crucial to our formation of successful foreign policy toward Russia.
Expanding the traditional definition of political culture from single thread to continuous historical tapestry, Petro illuminates a reality previously lost to even the most rigorous Sovietology: the fragility of communism. He portrays an abiding "alternative political culture" that tells us Russia indeed possesses a democratic tradition on which its contemporary democracy rests.
Petro's analysis includes many surprising and incisive observations. In a look at the Russian Orthodox Church, he traces its long history of support for opposition sentiment during both tsarist and Soviet times and its support for democracy today. He also explores the character and power of contemporary Russian nationalism and traces its origins to the neo-Slavophile national identity that took its shape as a challenge to Bolshevik oppression. Delineating Russia's postcommunist political parties, the author reveals their roots in prerevolutionary times and explains how this continuity makes Russian political aspirations far more predictable than is commonly assumed.
Awakening us to Russia's historical involvement in the democratic quest that lies at the heart of Western values, Petro opens a path for a more meaningful, more productive understanding of modern Russia.
Rebuilding Buddhism describes in evocative detail the experiences and achievements of Nepalis who have adopted Theravada Buddhism. This form of Buddhism was introduced into Nepal from Burma and Sri Lanka in the 1930s, and its adherents have struggled for recognition and acceptance ever since. With its focus on the austere figure of the monk and the biography of the historical Buddha, and more recently with its emphasis on individualizing meditation and on gender equality, Theravada Buddhism contrasts sharply with the highly ritualized Tantric Buddhism traditionally practiced in the Kathmandu Valley.
Based on extensive fieldwork, interviews, and historical reconstruction, the book provides a rich portrait of the different ways of being a Nepali Buddhist over the past seventy years. At the same time it explores the impact of the Theravada movement and what its gradual success has meant for Buddhism, for society, and for men and women in Nepal.
This is a critical edition of the Kramapatha and Jatapatha forms of recitational permutations of several sections of the Saunakiya Atharvaveda available in six rare manuscripts found in Pune, India. Such recitational variations for the Atharvaveda are no longer available in the surviving oral tradition in India, and hence the texts, critically edited here, provide rare access to these materials. Some of these recitational variations are defined in the ancient text, Saunakiya Caturadhyayika, which was recently published in a critical edition in Harvard Oriental Studies (vol. 52, 1997).
The texts offered here allow scholars to compare the recitational tradition of the Atharvaveda with those of other Vedas, which are still available in the surviving oral tradition. The edition has a detailed introduction that investigates the historical origins, development, and significance of these recitational permutations.
The American commitment to international human rights emerged in the 1970s not as a logical outgrowth of American idealism but as a surprising response to national trauma, as Barbara Keys shows in this provocative history. Reclaiming American Virtue situates this novel enthusiasm as a reaction to the profound challenge of the Vietnam War and its tumultuous aftermath. Instead of looking inward for renewal, Americans on the right and the left alike looked outward for ways to restore America’s moral leadership.
Conservatives took up the language of Soviet dissidents to resuscitate a Cold War narrative that pitted a virtuous United States against the evils of communism. Liberals sought moral cleansing by dissociating the United States from foreign malefactors, spotlighting abuses such as torture in Chile, South Korea, and other right-wing allies. When Jimmy Carter in 1977 made human rights a central tenet of American foreign policy, his administration struggled to reconcile these conflicting visions.
Yet liberals and conservatives both saw human rights as a way of moving from guilt to pride. Less a critique of American power than a rehabilitation of it, human rights functioned for Americans as a sleight of hand that occluded from view much of America’s recent past and confined the lessons of Vietnam to narrow parameters. It would be a small step from world’s judge to world’s policeman, and American intervention in the name of human rights would be a cause both liberals and conservatives could embrace.
In Reclaiming Public Housing, Lawrence Vale explores the rise, fall, and redevelopment of three public housing projects in Boston. Vale looks at these projects from the perspectives of their low-income residents and assesses the contributions of the design professionals who helped to transform these once devastated places during the 1980s and 1990s.
The three similarly designed projects were built at the same time under the same government program and experienced similar declines. Each received comparable funding for redevelopment, and each design team consisted of first-rate professionals who responded with similar "defensible space" redesign plans. Why, then, was one redevelopment effort a nationally touted success story, another only a mixed success, and the third a widely acknowledged failure? The book answers this key question by situating each effort in the context of specific neighborhood struggles. In each case, battles over race and poverty played out somewhat differently, yielding wildly different results.
At a moment when local city officials throughout America are demolishing more than 100,000 units of low-income housing, this crucial book questions the conventional wisdom that all large public housing projects must be demolished and rebuilt as mixed-income neighborhoods.
Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the guardians of that right don’t see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this powerful book shows how the current conservative Supreme Court has undermined that role by restricting citizens’ access to these courts.
Yackle focuses on judicially created doctrines that channel certain cases away from the federal courts (which tend to hold government power in check) and into state courts (which tend to allow government a relatively free hand). In doing so, he clearly shows how seemingly arcane and confusing legal technicalities actually tilt the delicate balance between government power and individual liberty in the United States. As he traces the historical underpinnings of the federal judicial system, Yackle explains how access to the federal courts in federal-question cases is intertwined with the most fundamental elements of American Jurisprudence—Legal Formalism, Legal Realism, Legal Process, and the Civil Rights Movement—as well as with the recent conservative retrenchment. He goes on to examine specific modern doctrines. Here we see how the Rehnquist Court’s restrictive rules deny citizens standing to sue in federal court, disclaim the federal courts’ jurisdiction even when standing is conceded, channel cases away from the federal courts even when they have jurisdiction, and frustrate the right to petition the federal courts for a writ of habeas corpus—perhaps the most fundamental right of any citizen.
Yackle’s straightforward style makes his description and analysis of existing law intelligible to students and others who wish to understand how the federal judicial system actually functions—or fails to function. The book concludes with concrete recommendations for congressional action to correct the subtle but significant injustice that Yackle so clearly and cogently exposes.
Mark H. Moore’s now classic Creating Public Value offered advice to public managers about how to create public value. But that book left a key question unresolved: how could one recognize (in an accounting sense) when public value had been created? Here, Moore closes the gap by setting forth a philosophy of performance measurement that will help public managers name, observe, and sometimes count the value they produce, whether in education, public health, safety, crime prevention, housing, or other areas. Blending case studies with theory, he argues that private sector models built on customer satisfaction and the bottom line cannot be transferred to government agencies. The Public Value Account (PVA), which Moore develops as an alternative, outlines the values that citizens want to see produced by, and reflected in, agency operations. These include the achievement of collectively defined missions, the fairness with which agencies operate, and the satisfaction of clients and other stake-holders.
But strategic public managers also have to imagine and execute strategies that sustain or increase the value they create into the future. To help public managers with that task, Moore offers a Public Value Scorecard that focuses on the actions necessary to build legitimacy and support for the envisioned value, and on the innovations that have to be made in existing operational capacity.
Using his scorecard, Moore evaluates the real-world management strategies of such former public managers as D.C. Mayor Anthony Williams, NYPD Commissioner William Bratton, and Commissioner of the Minnesota Department of Revenue John James.
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory.
Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly.
Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity.
Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
The UNESCO World Heritage Site of Chavín de Huántar holds an iconic place in the archaeology of pre-Columbian Peru and is crucial to understanding the emergence of Andean civilization during the early first millennium BCE. Best known for its elaborate religious architecture and distinctive stone sculpture, Chavín de Huántar was the center of a much wider Andean world and the synchronicity of widespread socioeconomic changes coupled with intrusive Chavín material culture and iconography at distant centers suggests that Chavín de Huántar influenced a vast region through the expansion of religious ideology and intensified long-distance interaction.
Reconsidering the Chavín Phenomenon in the Twenty-First Century builds upon a surge of archaeological research over the last twenty years, bringing together the work of scholars researching Chavín de Huántar and its neighbors on the coast, highlands, and ceja de selva. This volume offers a cohesive vision of the Chavín Phenomenon at both the local and interregional level, one which recognizes the high degree of socioeconomic and cultural diversity that existed and the active role of centers outside the Chavín heartland in shaping the radical transformations that occurred within the Chavín Interaction Sphere between 1000 and 400 BCE.
One of the leading historians of education in the United States here develops a powerful interpretation of the uses of history in educational reform and of the relations among democracy, education, and the capitalist state. Michael Katz discusses the reshaping of American education from three perspectives. First is the perspective of history: How did American education take shape? The second is that of reform: What can a historian say about recent criticisms and proposals for improvement? The third is that of historiography: What drives the politics of educational history? Katz shows how the reconstruction of America’s educational past can be used as a framework for thinking about current reform. Contemporary concepts such as public education, institutional structures such as the multiversity, and modern organizational forms such as bureaucracy all originated as solutions to problems of public policy. The petrifaction of these historical products—which are neither inevitable nor immutable—has become, Katz maintains, one of the mighty obstacles to change.
The book’s central questions are as much ethical and political as they are practical. How do we assess the relative importance of efficiency and responsiveness in educational institutions? Whom do we really want institutions to serve? Are we prepared to alter institutions and policies that contradict fundamental political principles? Why have some reform strategies consistently failed? On what models should institutions be based? Should schools and universities be further assimilated to the marketplace and the state? Katz’s iconoclastic treatment of these issues, vividly and clearly written, will be of interest to both specialists and general readers. Like his earlier classic, The Irony of Early School Reform (1968), this book will set a fresh agenda for debate in the field.
Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow?
For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules.
In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
“An urgent manifesto for the reconstruction of democratic belonging in our troubled times.”
—Davide Panagia
Across the world, democracies are suffering from a disconnect between the people and political elites. In communities where jobs and industry are scarce, many feel the government is incapable of understanding their needs or addressing their problems. The resulting frustration has fueled the success of destabilizing demagogues. To reverse this pattern and restore responsible government, we need to reinvigorate democracy at the local level. But what does that mean? Drawing on examples of successful community building in cities large and small, from a shrinking village in rural Austria to a neglected section of San Diego, Reconstructing Democracy makes a powerful case for re-engaging citizens. It highlights innovative grassroots projects and shows how local activists can form alliances and discover their own power to solve problems.
This is the story of how the economists, bankers, and politicians of Britain, France, and the United States approached the financial crisis of 1918–1923 after the most devastating of wars. It captures the emotional demands for rapid recovery and reconstruction of Europe as well as the machinations of countries already jousting for economic advantage in peace. It’s also a timely book because the West today faces similar problems with little more in the way of theory or tools for repair than after World War I, and with an evident loss of historical memory.
Dan Silverman places the reparations issue in proper perspective as only one of many complex problems. He demonstrates that the war produced a crisis in financial and monetary theory as well as in fact. Theory proved inadequate to the requirements of balancing budgets, liquidating massive debts, halting inflation, and stabilizing foreign exchange. In fact, the English and Americans imposed their economic orthodoxy on their less fortunate French ally and their former German adversary.
One of the more remarkable results of Silverman’s research is the reversal of the old view that France responded to its allies’ economic demands with intransigence, ignorance, and incompetence. Instead, Silverman depicts France as legitimately pursuing its own national self-interest, fighting Anglo-American hegemony, and defending itself as a debtor nation against the creditors who were its “allies.”
Macroeconomics is in disarray. No one approach is dominant, and an increasing divide between theory and empirics is evident.
This book presents both a critique of mainstream macroeconomics from a structuralist perspective and an exposition of modern structuralist approaches. The fundamental assumption of structuralism is that it is impossible to understand a macroeconomy without understanding its major institutions and distributive relationships across productive sectors and social groups.
Lance Taylor focuses his critique on mainstream monetarist, new classical, new Keynesian, and growth models. He examines them from a historical perspective, tracing monetarism from its eighteenth-century roots and comparing current monetarist and new classical models with those of the post-Wicksellian, pre-Keynesian generation of macroeconomists. He contrasts the new Keynesian vision with Keynes's General Theory, and analyzes contemporary growth theories against long traditions of thought about economic development and structural change.
Can a liberal polity act on pressing matters of public concern in a way that respects the variety of beliefs and commitments that its citizens hold? Recent efforts to answer this question typically begin by seeking an uncontroversial starting point from which legitimate public ends can be said to follow. This reluctance to admit controversial beliefs as legitimate grounds for public action threatens to prevent us from responding effectively to many of the leading social and political challenges that we face.
Eric MacGilvray argues that we should shift our attention away from the problem of identifying uncontroversial public ends in the present and toward the problem of evaluating potentially controversial public ends through collective inquiry over time. Rather than ask ourselves which public ends are justified, we must instead decide which public ends we should seek to justify.
Reconstructing Public Reason offers a fundamental rethinking of the nature and aims of liberal toleration, and of the political implications of pragmatic philosophy. It also provides fresh interpretations of founding pragmatic thinkers such as John Dewey and William James, and of leading contemporary figures such as John Rawls and Richard Rorty.
Three eminent economists provide in this book a rigorous, self-contained treatment of modern economic dynamics. Nancy L. Stokey, Robert E. Lucas, Jr., and Edward C. Prescott develop the basic methods of recursive analysis and emphasize the many areas where they can usefully be applied.
After presenting an overview of the recursive approach, the authors develop economic applications for deterministic dynamic programming and the stability theory of first-order difference equations. They then treat stochastic dynamic programming and the convergence theory of discrete-time Markov processes, illustrating each with additional economic applications. They also derive a strong law of large numbers for Markov processes. Finally, they present the two fundamental theorems of welfare economics and show how to apply the methods developed earlier to general equilibrium systems.
The authors go on to apply their methods to many areas of economics. Models of firm and industry investment, household consumption behavior, long-run growth, capital accumulation, job search, job matching, inventory behavior, asset pricing, and money demand are among those they use to show how predictions can be made about individual and social behavior. Researchers and graduate students in many areas of economics, both theoretical and applied, will find this book essential.
One of the most exciting recent developments in the study of Chinese literature has been the rediscovery of an extremely rich and diverse tradition of women's writing of the imperial period (221 BCE-1911 CE). Many of these writings are of considerable literary quality. Others provide us with moving insights into the lives and feelings of a surprisingly diverse group of women living in Confucian China, a society that perhaps more than any other is known for its patriarchal tradition.
Because of the burgeoning interest in the study of both premodern and modern women in China, several scholarly books, articles, and even anthologies of women's poetry have been published in the last two decades. This anthology differs from previous works by offering a glimpse of women's writings not only in poetry but in other genres as well, including essays and letters, drama, religious writing, and narrative fiction.
The authors have presented the selections within their respective biographical and historical contexts. This comprehensive approach helps to clarify traditional Chinese ideas on the nature and function of literature as well as on the role of the woman writer.
In 1908 Ellen Wilkinson, a fiery adolescent from a working-class family in Manchester, was “the only girl who talks in school debates.” By midcentury, Wilkinson had helped found Britain’s Communist Party, earned a seat in Parliament, and become a renowned advocate for the poor and dispossessed at home and abroad. She was one of the first female delegates to the United Nations, and she played a central role in Britain’s postwar Labour government. In Laura Beers’s account of Wilkinson’s remarkable life, we have a richly detailed portrait of a time when Left-leaning British men and women from a range of backgrounds sought to reshape domestic, imperial, and international affairs.
Wilkinson is best remembered as the leader of the Jarrow Crusade, the 300-mile march of two hundred unemployed shipwrights and steelworkers to petition the British government for assistance. But this was just one small part of Red Ellen’s larger transnational fight for social justice. She was involved in a range of campaigns, from the quest for official recognition of the Spanish Republican government, to the fight for Indian independence, to the effort to smuggle Jewish refugees out of Germany.
During Wilkinson’s lifetime, many British radicals viewed themselves as members of an international socialist community, and some, like her, became involved in socialist, feminist, and pacifist movements that spanned the globe. By focusing on the extent to which Wilkinson’s activism transcended Britain’s borders, Red Ellen adjusts our perception of the British Left in the early twentieth century.
Red Silk is a history of China’s Yangzi Delta silk industry during the wars, crises, and revolutions of the mid-twentieth century. Based on extensive research in Chinese archives and focused on the 1950s, the book compares two very different groups of silk workers and their experiences in the revolution. Male silk weavers in Shanghai factories enjoyed close ties to the Communist party-state and benefited greatly from socialist policies after 1949. In contrast, workers in silk thread mills, or filatures, were mostly young women who lacked powerful organizations or ties to the revolutionary regime. For many filature workers, working conditions changed little after 1949 and politicized production campaigns added a new burden within the brutal and oppressive factory regime in place since the nineteenth century.
Both groups of workers and their employers had to adapt to rapidly changing circumstances. Their actions—protests, petitions, bribery, tax evasion—compelled the party-state to adjust its policies, producing new challenges. The results, though initially positive for many, were ultimately disastrous. By the end of the 1950s, there was widespread conflict and deprivation among silk workers and, despite its impressive recovery under Communist rule, the industry faced a crisis worse than war and revolution.
The larger-than-life image Abraham Lincoln projects across the screen of American history owes much to his role as the Great Emancipator during the Civil War. Yet this noble aspect of Lincoln’s identity is precisely the dimension that some historians have cast into doubt. In a vigorous defense of America’s sixteenth president, award-winning historian and Lincoln scholar Allen Guelzo refutes accusations of Lincoln’s racism and political opportunism, while candidly probing the follies of contemporary cynicism and the constraints of today’s unexamined faith in the liberating powers of individual autonomy.
Redeeming the Great Emancipator enumerates Lincoln’s anti-slavery credentials, showing that a deeply held belief in the God-given rights of all people steeled the president in his commitment to emancipation and his hope for racial reconciliation. Emancipation did not achieve complete freedom for American slaves, nor was Lincoln entirely above some of the racial prejudices of his time. Nevertheless, his conscience and moral convictions far outweighed political calculations in ultimately securing freedom for black Americans.
Guelzo clarifies the historical record concerning what the Emancipation Proclamation did and did not accomplish. As a policy it was imperfect, but it was far from ineffectual, as some accounts of African American self-emancipation imply. To achieve liberation required interdependence across barriers of race and status. If we fail to recognize our debt to the sacrifices and ingenuity of all the brave men and women of the past, Guelzo says, then we deny a precious part of the American and, indeed, the human community.
Rape has never had a universally accepted definition, and the uproar over "legitimate rape" during the 2012 U.S. elections confirms that it remains a word in flux. Redefining Rape tells the story of the forces that have shaped the meaning of sexual violence in the United States, through the experiences of accusers, assailants, and advocates for change. In this ambitious new history, Estelle Freedman demonstrates that our definition of rape has depended heavily on dynamics of political power and social privilege.
The long-dominant view of rape in America envisioned a brutal attack on a chaste white woman by a male stranger, usually an African American. From the early nineteenth century, advocates for women's rights and racial justice challenged this narrow definition and the sexual and political power of white men that it sustained. Between the 1870s and the 1930s, at the height of racial segregation and lynching, and amid the campaign for woman suffrage, women's rights supporters and African American activists tried to expand understandings of rape in order to gain legal protection from coercive sexual relations, assaults by white men on black women, street harassment, and the sexual abuse of children. By redefining rape, they sought to redraw the very boundaries of citizenship.
Freedman narrates the victories, defeats, and limitations of these and other reform efforts. The modern civil rights and feminist movements, she points out, continue to grapple with both the insights and the dilemmas of these first campaigns to redefine rape in American law and culture.
In the United States, 1,200 community colleges enroll over ten million students each year—nearly half of the nation’s undergraduates. Yet fewer than 40 percent of entrants complete an undergraduate degree within six years. This fact has put pressure on community colleges to improve academic outcomes for their students. Redesigning America’s Community Colleges is a concise, evidence-based guide for educational leaders whose institutions typically receive short shrift in academic and policy discussions. It makes a compelling case that two-year colleges can substantially increase their rates of student success, if they are willing to rethink the ways in which they organize programs of study, support services, and instruction.
Community colleges were originally designed to expand college enrollments at low cost, not to maximize completion of high-quality programs of study. The result was a cafeteria-style model in which students pick courses from a bewildering array of choices, with little guidance. The authors urge administrators and faculty to reject this traditional model in favor of “guided pathways”—clearer, more educationally coherent programs of study that simplify students’ choices without limiting their options and that enable them to complete credentials and advance to further education and the labor market more quickly and at less cost.
Distilling a wealth of data amassed from the Community College Research Center (Teachers College, Columbia University), Redesigning America’s Community Colleges offers a fundamental redesign of the way two-year colleges operate, stressing the integration of services and instruction into more clearly structured programs of study that support every student’s goals.
In this engrossing study of religion, urban life, and commercial culture, Diane Winston shows how a (self-styled "red-hot") militant Protestant mission established a beachhead in the modern city. When The Salvation Army, a British evangelical movement, landed in New York in 1880, local citizens called its eye-catching advertisements "vulgar" and dubbed its brass bands, female preachers, and overheated services "sensationalist." Yet a little more than a century later, this ragtag missionary movement had evolved into the nation's largest charitable fund-raiser--the very exemplar of America's most cherished values of social service and religious commitment.
Winston illustrates how the Army borrowed the forms and idioms of popular entertainments, commercial emporiums, and master marketers to deliver its message. In contrast to histories that relegate religion to the sidelines of urban society, her book shows that Salvationists were at the center of debates about social services for the urban poor, the changing position of women, and the evolution of a consumer culture. She also describes Salvationist influence on contemporary life--from the public's post-World War I (and ongoing) love affair with the doughnut to the Salvationist young woman's career as a Hollywood icon to the institutionalization of religious ideals into nonsectarian social programs.
Winston's vivid account of a street savvy religious mission transformed over the decades makes adroit use of performance theory and material culture studies to create an evocative portrait of a beloved yet little understood religious movement. Her book provides striking evidence that, counter to conventional wisdom, religion was among the seminal social forces that shaped modern, urban America--and, in the process, found new expression for its own ideals.
Like many coral specialists fifteen years ago, J. E. N. Veron thought Australia's Great Barrier Reef was impervious to climate change. "Owned by a prosperous country and accorded the protection it deserves, it would surely not go the way of the Amazon rain forest or the parklands of Africa, but would endure forever. That is what I thought once, but I think it no longer." This book is Veron's Silent Spring for the world's coral reefs.
Veron presents the geological history of the reef, the biology of coral reef ecosystems, and a primer on what we know about climate change. He concludes that the Great Barrier Reef and, indeed, most coral reefs will be dead from mass bleaching and irreversible acidification within the coming century unless greenhouse gas emissions are curbed. If we don't have the political will to confront the plight of the world's reefs, he argues, current processes already in motion will become unstoppable, bringing on a mass extinction the world has not seen for 65 million years.
Our species has cracked its own genetic code and sent representatives of its kind to the moon--we can certainly save the world's reefs if we want to. But to achieve this goal, we must devote scientific expertise and political muscle to the development of green technologies that will dramatically reduce greenhouse emissions and reverse acidification of the oceans.
Americans have had a long-standing love affair with the wilderness. As cities grew and frontiers disappeared, film emerged to feed an insatiable curiosity about wildlife. The camera promised to bring us into contact with the animal world, undetected and unarmed. Yet the camera's penetration of this world has inevitably brought human artifice and technology into the picture as well. In the first major analysis of American nature films in the twentieth century, Gregg Mitman shows how our cultural values, scientific needs, and new technologies produced the images that have shaped our contemporary view of wildlife.
Like the museum and the zoo, the nature film sought to recreate the experience of unspoiled nature while appealing to a popular audience, through a blend of scientific research and commercial promotion, education and entertainment, authenticity and artifice. Travelogue-expedition films, like Teddy Roosevelt's African safari, catered to upper- and middle-class patrons who were intrigued by the exotic and entertained by the thrill of big-game hunting and collecting. The proliferation of nature movies and television shows in the 1950s, such as Disney's True-Life Adventures and Marlin Perkins's Wild Kingdom, made nature familiar and accessible to America's baby-boom generation, fostering the environmental activism of the latter part of the twentieth century. Reel Nature reveals the shifting conventions of nature films and their enormous impact on our perceptions of, and politics about, the environment.
Whether crafted to elicit thrills or to educate audiences about the real-life drama of threatened wildlife, nature films then and now reveal much about the yearnings of Americans to be both close to nature and yet distinctly apart.
Analytic philosophers once pantomimed physics: they tried to understand the world by breaking it down into the smallest possible bits. Thinkers from the Darwinian sciences now pose alternatives to this simplistic reductionism.
In this intellectual tour--essays spanning thirty years--William Wimsatt argues that scientists seek to atomize phenomena only when necessary in the search to understand how entities, events, and processes articulate at different levels. Evolution forms the natural world not as Laplace's all-seeing demon but as a backwoods mechanic fixing and re-fashioning machines out of whatever is at hand. W. V. Quine's lost search for a "desert ontology" leads instead to Wimsatt's walk through a tropical rain forest.
This book offers a philosophy for error-prone humans trying to understand messy systems in the real world. Against eliminative reductionism, Wimsatt pits new perspectives to deal with emerging natural and social complexities. He argues that our philosophy should be rooted in heuristics and models that work in practice, not only in principle. He demonstrates how to do this with an analysis of the strengths, the limits, and a recalibration of our reductionistic and analytic methodologies. Our aims are changed and our philosophy is transfigured in the process.
Reflecting the Past is the first English-language study to address the role of historiography in medieval Japan, an age at the time widely believed to be one of irreversible decline. Drawing on a decade of research, including work with medieval manuscripts, it analyzes a set of texts—eight Mirrors—that recount the past in an effort to order the world around them. They confront rebellions, civil war, “China,” attempted invasions, and even the fracturing of the court into two lines. To interrogate the significance for medieval writers of narrating such pasts as a Mirror, Erin Brightwell traces a series of innovations across these and related texts that emerge in the face of disorder. In so doing, she uncovers how a dynamic web of evolving concepts of time, place, language use, and cosmological forces was deployed to order the past in an age of unprecedented social movement and upheaval.
Despite the Mirrors’ common concerns and commitments, traditional linguistic and disciplinary boundaries have downplayed or obscured their significance for medieval thinkers. Through their treatment here as a multilingual, multi-structured genre, the Mirrors are revealed, however, as the dominant mode for reading and writing the past over almost three centuries of Japanese history.
With their powerful blend of political and aesthetic concerns, Edward W. Said's writings have transformed the field of literary studies. This long-awaited collection of literary and cultural essays, the first since Harvard University Press published The World, the Text, and the Critic in 1983, reconfirms what no one can doubt--that Said is the most impressive, consequential, and elegant critic of our time--and offers further evidence of how much the fully engaged critical mind can contribute to the reservoir of value, thought, and action essential to our lives and our culture.
As in the title essay, the widely admired "Reflections on Exile," the fact of his own exile and the fate of the Palestinians have given both form and the force of intimacy to the questions Said has pursued. Taken together, these essays--from the famous to those that will surprise even Said's most assiduous followers--afford rare insight into the formation of a critic and the development of an intellectual vocation. Said's topics are many and diverse, from the movie heroics of Tarzan to the machismo of Ernest Hemingway to the shades of difference that divide Alexandria and Cairo. He offers major reconsiderations of writers and artists such as George Orwell, Giambattista Vico, Georg Lukacs, R. P. Blackmur, E. M. Cioran, Naguib Mahfouz, Herman Melville, Joseph Conrad, Walter Lippman, Samuel Huntington, Antonio Gramsci, and Raymond Williams. Invigorating, edifying, acutely attentive to the vying pressures of personal and historical experience, his book is a source of immeasurable intellectual delight.
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.
For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Sir Charles Scott Sherrington is credited with having single-handedly crystallized the field of neurophysiology. Judith Swazey’s study is the first book-length treatment of his early research, from the 1880s through the publication of The Integrative Action of the Nervous System in 1906. In this work he offered an experimentally documented account of how the nervous system, through the mechanism of reflex action, produces a coordinated motor organism. Swazey first analyzes the development of the concept of integrative action and then discusses the significance of the concept for neurophysiology and, on a broader level, for the nature of biological thought.
Focusing on the interests, events, and influences that shaped Sherrington’s career, the author surveys the relevant knowledge about reflex action and the functional anatomy of the spinal cord at the time he began his research. Continuing with a detailed analysis of the major lines of his work she covers such material and the anatomical studies of spinal degeneration, the mapping of sensory and motor root distribution in the macaque monkey, the role of sensory nerves in and from muscles, and the nature of reciprocal innervation.
The scope of Sherrington’s contributions—which included new and important techniques, apparatus, and methodological canons—clearly marks him as a major figure in the history of the neurosciences. The greater significance of his work, however, lies in his “synthetic attitude” in the fact that he perceived the interrelatedness of his varied researches. The integrative action concept and the data it embodied finally brought together the previously unconnected channels of neurophysiological, anatomical, and histological research. As a result of this unification, Sherrington was able to provide investigators of the nervous system with their first major paradigm and to establish guidelines which altered the course of scientific research after 1906.
The author has gathered a vast amount of material from published and unpublished sources for this comprehensive study of Sherrington’s life and work. Her analysis of his writings, her portrayal of his delightful and extraordinary personality, and her account of the scientific setting within which his work was carried out provide a model for historians of science.
The Catholic Church’s claims to spiritual and temporal authority rest on Jesus’ promise in the gospels to give Peter the keys to the kingdom of heaven. In the sixteenth century, leaders of the German Reformation sought a fundamental transformation of this “power of the keys” as part of their efforts to rid Church and society of alleged clerical abuses. Central to this transformation was a thoroughgoing reform of private confession.
Unlike other Protestants, Lutherans chose not to abolish private confession but to change it to suit their theological convictions and social needs. In a fascinating examination of this new religious practice, Ronald Rittgers traces the development of Lutheran private confession, demonstrating how it consistently balanced competing concerns for spiritual freedom and moral discipline. The reformation of private confession was part of a much larger reformation of the power of the keys that had profound implications for the use of religious authority in sixteenth-century Germany.
As the first full-length study of the role of Lutheran private confession in the German Reformation, this book is a welcome contribution to early modern European and religious history.
"Modernity" was an inescapable fact of life for the first generation to come of age in the German Empire. Even the most extreme political opponents saw the chaotic transformation of all spheres of life in the wake of industrial capitalism as the central problem facing young men and women at the fin de siècle. This fresh look at Wilhelmine perceptions of modernity challenges both the traditional emphasis on anti-modernism as a peculiarly German response that led to the rise of National Socialism, and the more recent post-Foucauldian studies on the "pathologies of modernity," which point instead to an unreflective faith in science and efficiency on the part of German progressives. Shifting the focus away from radical extremes on either side, Kevin Repp explores the more moderate agendas of hundreds of mainstream intellectuals and activists from diverse social backgrounds who sought to surmount the human costs of industrialization without relinquishing its positive potential.
Repp combines detailed case studies of Adolf Damaschke, Gertrud Bäumer, and Werner Sombart with an innovative prosopography of their milieu to show how leading reformers enlisted familiar tropes of popular nationalism, eugenics, and cultural pessimism in formulating pragmatic solutions that would be at once modern and humane. Easily obscured by radical voices on right and left, this quiet search for alternatives nevertheless succeeded in building a nationwide network of educational centers, associative ties, and institutions that substantially altered the landscape of Wilhelmine political culture in the decades before the First World War.
The current products liability crisis is both familiar and puzzling: million-dollar awards for apparently frivolous claims, inadequate settlements for thousands of people with severe injuries, skyrocketing insurance premiums, an overburdened judicial system. The adverse effects of this crisis on product innovation may be particularly detrimental to the extent that they deprive consumers of newer and safer goods. W. Kip Viscusi offers the first comprehensive and objective analysis of the crisis. He employs extensive, original empirical data to diagnose the causes and to assess the merits of alternative reform policies.
Drawing on both liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is not simply a phenomenon of the 1980s but has been developing for several decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and the increase in lawsuits involving hazard warnings. This explanation differs sharply from that of most other scholars, who blame the doctrine of strict liability. Viscusi reformulates the concept of design defect, grounding it in sound economic analysis. He also evaluates public policy regarding hazard warnings and proposes a new national approach.
More generally, the author sketches a comprehensive social risk policy, in which tort liability interacts with government health and safety regulation to foster a coherent set of institutional responses to health and safety risks. Reforming Products Liability will be of special interest to lawyers, judges, policymakers, economists, and all those interested in legal policy and health and safety issues.
C. P. Snow once remarked that not knowing the second law of thermodynamics is like never having read Shakespeare. Yet, while many people grasp the first law of energy, “Energy can neither be created nor destroyed,” few recognize the second, “Entropy can only increase.” What is entropy anyway, and why must it increase? Whether we want to know how a device as simple as a refrigerator works or understand the fate of the universe, we must start with the concepts of energy and entropy.
In The Refrigerator and the Universe, Martin and Inge Goldstein explain the laws of thermodynamics for science buffs and neophytes alike. They begin with a lively presentation of the historical development of thermodynamics. The authors then show how the laws follow from the atomic theory of matter and give examples of their applicability to such diverse phenomena as the radiation of light from hot bodies, the formation of diamonds from graphite, how the blood carries oxygen, and the history of the earth. The laws of energy, the Goldsteins conclude, have something to say about everything, even if they do not tell us everything about anything.
A coy tease, enchantress, adulteress, irresponsible mother, hard-hearted wife—such are the possible images of Penelope that Homer playfully presents to listeners and readers of the Odyssey, and that his narration ultimately contradicts or fails to confirm. In this updated and expanded second edition of Regarding Penelope, Nancy Felson explores the relationship between Homer’s construction of Penelope and his more general approach to poetic production and reception.
Felson begins by considering Penelope as an object of male gazes (those of Telemachus, Odysseus, the suitors, and Agamemnon’s ghost) and as a subject acting from her own desire. Focusing on how the audience might try to predict Penelope’s fate when confronted with the different ways the male characters envision her, she develops the notion of “possible plots” as structures in the poem that initiate the plots Penelope actually plays out. She then argues that Homer’s manipulation of Penelope’s character maintains the narrative fluidity and the dynamics of the Odyssey and reveals how the oral performance of the poem teases and captivates its audience, just as Penelope and Odysseus entrap each other in their courtship dance. Homer, Felson further explains, exploits the similarities between the poetic and erotic domains, often using similar terminology to describe them.
Regional Literature and the Transmission of Culture provides a richly textured picture of cultural transmission in the Qing and early Republican eras. Drum ballad texts (guci) evoke one of the most popular performance traditions of their day, a practice that flourished in North China. Study of these narratives opens up surprising new perspectives on vital topics in Chinese literature and history: the creation of regional cultural identities and their relation to a central “Chinese culture”; the relationship between oral and written cultures; the transmission of legal knowledge and popular ideals of justice; and the impact of the changing technology of the late nineteenth and early twentieth centuries on the reproduction and dissemination of popular texts.
Margaret B. Wan maps the dissemination over time and space of two legends of wise judges; their journey through oral, written, and visual media reveals a fascinating but overlooked world of “popular” literature. While drum ballads form a distinctively regional literature, lithography in early twentieth-century Shanghai drew them into national markets. The new paradigm this book offers will interest scholars of cultural history, literature, book culture, legal history, and popular culture.
In 1898 the American Regular Army was a small frontier constabulary engaged in skirmishes with Indians and protesting workers. Forty-three years later, in 1941, it was a large modern army ready to wage global war against the Germans and the Japanese. In this definitive social history of America's standing army, military historian Edward Coffman tells how that critical transformation was accomplished.
Coffman has spent years immersed in the official records, personal papers, memoirs, and biographies of regular army men, including such famous leaders as George Marshall, George Patton, and Douglas MacArthur. He weaves their stories, and those of others he has interviewed, into the story of an army which grew from a small community of posts in China and the Philippines to a highly effective mechanized ground and air force. During these years, the U.S. Army conquered and controlled a colonial empire, military staff lived in exotic locales with their families, and soldiers engaged in combat in Cuba and the Pacific. In the twentieth century, the United States entered into alliances to fight the German army in World War I, and then again to meet the challenge of the Axis Powers in World War II.
Coffman explains how a managerial revolution in the early 1900s provided the organizational framework and educational foundation for change, and how the combination of inspired leadership, technological advances, and a supportive society made it successful. In a stirring account of all aspects of garrison life, including race relations, we meet the men and women who helped reconfigure America's frontier army into a modern global force.
A leading scholar of twentieth-century American history looks again at the beginning of the century, this time giving us a remarkable portrait of the emergence of modern society and its distinctive transformations and social problems. As in Regulating a New Economy, his earlier book on the changing American economy, Morton Keller integrates political, legal, and governmental history, now providing the first comprehensive study of the ideas and interests that shaped early twentieth-century American social policy.
Keller looks at the major social institutions: the family, voluntary associations, religion, and education. He examines important social issues: the rights of the individual, the regulation of public mores (gambling, drugs, prostitution, alcohol abuse), the definition and punishment of crime, and social welfare policy (poverty, public health, conditions of labor). His final area of concern is one that assumed new importance after 1900: social policy directed at major groups, such as immigrants, blacks, Native Americans, and women.
The interpretive theme is fresh and controversial. Keller sees early twentieth-century American government not as an artifact of class, race, and gender conflict but as the playing out of tension between the Progressive thrust to restore social cohesion through the principle of order and organization and two other, mutually antipodal, social interests: the weight of the American past and the growing pluralism of modern America. The interplay among these elements—progressivism, persistence, pluralism—shaped early twentieth-century social policy. The result was no clear victory for any one of these public attitudes, but rather the emergence and delineation of most of the social issues that have dominated American public life for the rest of the century.
The Supreme Court has ruled that states may prohibit physician-assisted suicide. Expressing the views of his fellow justices, Chief Justice Rehnquist wrote, "Americans are engaged in an earnest and profound debate about the morality, legality, and practicality of physician-assisted suicide. Our holding permits this debate to continue." Regulating How We Die is certain to be a landmark contribution to that debate.Dr. Linda Emanuel--one of America's most influential medical ethicists--has assembled leading experts to provide not only a clear account of the arguments for and against physician-assisted suicide and euthanasia but also historical, empirical, and legal perspectives on this complicated issue. These contributors include Marcia Angell, George Annas, Susan Wolf, and many others.
The important questions are addressed here, including: What does mercy dictate? Does physician-assisted suicide honor or violate autonomy? Is it more dignified than natural death? Is this decision purely a private matter? Will legalizing physician-assisted suicide put us on a slippery slope toward involuntary euthanasia? And, in an analysis of data not available in any other book, what can we learn from Holland, the only country in which physician-assisted suicide and euthanasia are legal?
Regulating How We Die will be essential reading for anyone who has been handed a terminal diagnosis, for people close to those facing such a diagnosis, for professionals, including physicians, nurses, pastors, lawyers, legislators--indeed, for anyone who has considered the moral and political debate over doctor-assisted suicide.
In the 1980s and ’90s many countries turned to the private sector to provide infrastructure and utilities, such as gas, telephones, and highways—with the idea that market-based incentives would control costs and improve the quality of essential services. But subsequent debacles including the collapse of California’s wholesale electricity market and the bankruptcy of Britain’s largest railroad company have raised troubling questions about privatization. This book addresses one of the most vexing of these: how can government fairly and effectively regulate “natural monopolies”—those infrastructure and utility services whose technologies make competition impractical?
Rather than sticking to economics, José Gómez-Ibáñez draws on history, politics, and a wealth of examples to provide a road map for various approaches to regulation. He makes a strong case for favoring market-oriented and contractual approaches—including private contracts between infrastructure providers and customers as well as concession contracts with the government acting as an intermediary—over those that grant government regulators substantial discretion. Contracts can provide stronger protection for infrastructure customers and suppliers—and greater opportunities to tailor services to their mutual advantage. In some cases, however, the requirements of the firms and their customers are too unpredictable for contracts to work, and alternative schemes may be needed.
This book will become the bible of regulatory reform. No broad, authoritative treatment of the subject has been available for many years except for Alfred Kahn’s Economics of Regulation (1970). And Stephen Breyer’s book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation—economic, legal, administrative, political—while addressing the complex problems of administering regulatory agencies.
Only a scholar with Judge Breyer’s practical experience as chief counsel to the Senate Judiciary Committee could have accomplished this task. He develops an ingenious original system for classifying regulatory activities according to the kinds of problems that have called for, or have seemed to call for, regulation; he then examines how well or poorly various regulatory regimes remedy these market defects. This enables him to organize an enormous amount of material in a coherent way, and to make significant and useful generalizations about real-world problems.
Among the regulatory areas he considers are health and safety; environmental pollution, trucking, airlines, natural gas, public utilities, and telecommunications. He further gives attention to related topics such as cost-of-service ratemaking, safety standards, antitrust, and property rights. Clearly this is a book whose time is here—a veritable how-to-do-it book for administration deregulators, legislators, and the judiciary; and because it is comprehensive and superbly organized, with a wealth of highly detailed examples, it is practical for use in law schools and in courses on economics and political science.
Are rent controls and zoning regulations unconstitutional? Should the Supreme Court strike down the Endangered Species Act when its administration interferes with the use of private property? These questions are currently debated under the doctrine of regulatory takings, and William Fischel’s book offers a new perspective on the issue.
Regulatory Takings argues that the issue is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations. Unlike other books on this topic, Regulatory Takings goes beyond case law to buttress its arguments. Its reality checks range from reviews of statistical evidence to local inquiries about famous takings cases such as Pennsylvania Coal v. Mahon and Lucas v. South Carolina Coastal Commission. The gap between legal theory and on-the-ground practice is one reason that Fischel investigates alternative means of protecting property rights.
Local governments are often deterred from unfairly regulating portable assets by their owners’ threat of “exit” from the jurisdiction. State and federal government regulations are disciplined by property-owner coalitions whose “voice” is clearly audible in the statehouses and in Congress.
Constitutional courts need to preserve their resources for use in areas in which politics is loaded against the property owner. Regulatory Takings advances an economic standard to decide when a local regulation crosses the border from legitimate police power to a taking that requires just compensation for owners who are adversely affected.
An overriding assumption has long directed scholarship in both European and Slavic history: that Kievan Rus' in the tenth through twelfth centuries was part of a Byzantine commonwealth separate from Europe. Christian Raffensperger refutes this conception and offers a new frame for two hundred years of history, one in which Rus' is understood as part of medieval Europe and East is not so neatly divided from West.
With the aid of Latin sources, the author brings to light the considerable political, religious, marital, and economic ties among European kingdoms, including Rus', restoring a historical record rendered blank by Russian monastic chroniclers as well as modern scholars ideologically motivated to build barriers between East and West. Further, Raffensperger revises the concept of a Byzantine commonwealth that stood in opposition to Europe-and under which Rus' was subsumed-toward that of a Byzantine Ideal esteemed and emulated by all the states of Europe. In this new context, appropriation of Byzantine customs, law, coinage, art, and architecture in both Rus' and Europe can be understood as an attempt to gain legitimacy and prestige by association with the surviving remnant of the Roman Empire. Reimagining Europe initiates an expansion of history that is sure to challenge ideas of Russian exceptionalism and influence the course of European medieval studies.
Heinrich Heine, Franz Kafka, Sigmund Freud, Arnold Schoenberg—all were Jews who considered themselves more European than Jewish. Yet their experience of anti-Semitism and injustice undermined a full commitment to their native German or Austrian heritage. Writing about Moses—the towering architect of the nation of Israel and also the quintessential diaspora figure who wandered between bondage and liberation—the four very different writers articulated a shared quandary. Their writings about Moses are Bluma Goldstein's focal point in her eloquent book about Jewish identity and assimilation, tradition and cultural allegiance. Skillfully blending textual interpretation, historical context, and biography, Goldstein is able to illuminate the particular meaning of these works as well as their political significance.
The writings considered here at times express despair over the dominant culture's unfulfilled promises of emancipation and equality. Alternatively, adopting the terms of Jewish tradition, they articulate a paradigm of freedom and Jewish identity. But more often, as Goldstein shows, they do both, reflecting a continuing, albeit disillusioned, commitment to European culture and a return to Jewish heritage. Reinscribing Moses thus reveals the ways in which these texts speak with two voices, opposing injustice and oppression within the bounds of German or Austrian society and advancing the biblical story of national liberation within Jewish tradition. It will be a valuable addition to the ongoing debate over questions of Jewish as well as German heritage and identity.
What caused the emergence of nationalist movements in many post-communist states? What role did communist regimes play in fostering these movements? Why have some been more successful than others? To address these questions, Yitzhak Brudny traces the Russian nationalist movement from its origins within the Russian intellectual elite of the 1950s to its institutionalization in electoral alliances, parliamentary factions, and political movements of the early 1990s.
Brudny argues that the rise of the Russian nationalist movement was a combined result of the reinvention of Russian national identity by a group of intellectuals, and the Communist Party's active support of this reinvention in order to gain greater political legitimacy. The author meticulously reconstructs the development of the Russian nationalist thought from Khrushchev to Yeltsin, as well as the nature of the Communist Party response to Russian nationalist ideas. Through analysis of major Russian literary, political, and historical writings, the recently-published memoirs of the Russian nationalist intellectuals and Communist Party officials, and documents discovered in the Communist Party archives, Brudny sheds new light on social, intellectual, and political origins of Russian nationalism, and emphasizes the importance of ideas in explaining the fate of the Russian nationalist movement during late communist and early post-communist periods.
The wave of liberalization that swept world markets in the 1980s and 90s altered the ways that governments manage their economies. Reinventing State Capitalism analyzes the rise of new species of state capitalism in which governments interact with private investors either as majority or minority shareholders in publicly-traded corporations or as financial backers of purely private firms (the so-called “national champions”). Focusing on a detailed quantitative assessment of Brazil’s economic performance from 1976 to 2009, Aldo Musacchio and Sergio Lazzarini examine how these models of state capitalism influence corporate investment and performance.
According to one model, the state acts as a majority investor, granting the state-owned enterprise (SOE) financial autonomy and allowing professional management. This form, the authors argue, has reduced many agency problems commonly faced by state ownership. According to another hybrid model, the state uses sovereign wealth funds, holding companies, and development banks to acquire a small share of equity ownership in a corporation, thereby potentially alleviating capital constraints and leveraging latent capabilities.
Both models have benefits and costs. Yet neither model has entirely eliminated the temptation of governments to intervene in the operation of natural resource industries and other large strategic enterprises. Nevertheless, the longstanding debate over whether private ownership is superior or inferior to state capitalism has become irrelevant, Musacchio and Lazzarini conclude. Private ownership is now mingled with state capital on a global scale.
There are more psychoanalytic theories today than anyone knows what to do with, and the heterogeneity and complexity of the entire body of psychoanalytic though have become staggering. In Relational Concepts in Psychoanalysis, Stephen A. Mitchell weaves strands from the principal relational-model traditions (interpersonal psychoanalysis, British school object-relations theories, self psychology, and existential psychoanalysis) into a comprehensive approach to many of the knottiest problems and controversies in theoretical and clinical psychoanalysis.
Mitchell’s earlier book, Object Relations in Psychoanalytic Theory, co-authored with Jay Greenberg, set the stage for this current integration by providing a broad comparative analysis of important thinking on the nature of human relationships. In that classic study Greenberg and Mitchell distinguished between two basic paradigms: the drive model, in which relations with others are generated and shaped by the need for drive gratifications, and various relational models, in which relations themselves are taken as primary and irreducible. In Relational Concepts in Psychoanalysis, Mitchell argues that the drive model has since outlived its usefulness. The relational model, on the other hand, has been developed piecemeal by different authors who rarely acknowledge and explore the commonality of their assumptions or the rich complementarity of their perspectives.
In this bold effort at integrative theorizing, Mitchell draws together major lines of relational-model traditions into a unified framework for psychoanalytic thought, more economical than the anachronistic drive model and more inclusive than any of the singular relational approaches to the core significance of sexuality, the impact of early experience, the relation of the past to the present, the interpenetration of illusion and actuality, the centrality of the will, the repetition of painful experience, the nature of analytic situation, and the process of analytic change. As such, his book will be required reading for psychoanalytic scholars, practitioners, candidates in psychoanalysis, and students in the field.
The Relationship Code is the report of a longitudinal study, conducted over a ten-year period, of the influence of family relationships and genetic factors on competence and psychopathology in adolescent development. The sample for this landmark study included 720 pairs of same-sex adolescent siblings—including twins, half siblings, and genetically unrelated siblings—and their parents.
Using a clear expressive style, David Reiss and his coinvestigators identify specific mechanisms that link genetic factors and the social environment in psychological development. They propose a striking hypothesis: family relationships are crucial to the expression of genetic influences on a broad array of complex behaviors in adolescents. Moreover, this role of family relationships may be very specific: some genetic factors are linked to mother–child relationships, others to father–child relations, some to relationship warmth, while others are linked to relationship conflict or control. The specificity of these links suggests that family relationships may constitute a code for translating genetic influences into the ontogeny of behaviors, a code every bit as important for behavior as DNA-RNA.
This investigation, based on a sufficient number and variety of modern texts, conducted on sound principles and with scrupulous care, aside from its obvious utility for shorthand and for instruction in reading, is of value to phoneticians in that it affords abundant choice material for the study of the adjustment of sound to sound in the syllable. To the linguist it furnishes also a starting point for comparison of one language with another, in respect either to acoustic effect or to the characteristic operations of the vocal organs; and it provides, in its word list, a foundation for comparative estimates of current vocabulary as an index of national civilization. To one interested in the history of speech, or the history of thought, it suggests and facilitates a series of comparisons of present and past aspects of English, whether one consider the language as an aggregate of sound-patterns or as a medium of expression. Multiple are the uses to which these tables may be put. It is to be hoped that many scholars, in many fields, will avail themselves of them.
[Note accompanying the Original Edition © 1923, Graduate School of Education, Harvard University:]
The text of this investigation is speld in accord with the recommendations of the Simplified Spelling Board. In the material investigated the conventional spelling, as found, has been adhered to strictly thruout.
The fonetist and filologist has always been among the first to recognize the immense importance of the movement for reform of English spelling, which commands the united support of the leading language scolars both of England and America. He should be willing to bear his share of the prejudice which some must endure in the course of progress toward a rational orthografy.
Simpler Spelling Association, Lake Placid Club, N.Y., wil send ful information concerning this important movement on request.
It has been an ancient and tenacious human hope that mankind could apply to the no man's land between states the experience of domestic law in curbing violence and settling disputes. Within a society, the use of law to resolve disputes and contain violence centers in the courts and the police. Men anxious to restrain international aggression and settle international disputes peaceably have long sought to invoke international policing and adjudication under law. Twice within the past half-century, they have undertaken to build worldwide organizations to keep the peace. The United Nations system assigns a critical role to adjudication under the Charter and international law.
In this book, one of America's foremost legal scholars, who has extensive experience in foreign policy, administration, and international law, explores whether and to what extent decisions by international tribunals have been significant, or may yet be significant, for the settlement of international disputes. Mr. Katz believes that adjudication as an institution ranks among the great creative achievements of mankind, but it has its limitations--limits both in current practice and in its potential scope.
In presenting his argument; Mr. Katz concentrates upon the period since the end of World War II and deals primarily with international conflict within the experience of the United Nations and the International Court of Justice. He focuses on disputes resulting from the Cold War and on those between established industrial states and newly emerging states or peoples that have not yet attained a full measure of self-government.
In examining what happened and appraising what might have happened; Mr. Katz keeps the reader constantly aware of the many meanings of law; and of the need to sort out the different meanings in order to apply law effectively. Without an understanding of the effective reach and the limits of adjudication; he insists; we will waste opportunities for settling international controversies. We can waste opportunities by failing to use international tribunals where they can be effective; we can dissipate the precious resource of adjudication in wishful misapplications; and in misapplying adjudication; we can divert our attention from other ways and means more pertinent to the settlement of particular international disputes.
This unusual biographical work traces the life and career of Ademar of Chabannes, a monk, historian, liturgist, and hagiographer who lived at the turn of the first Christian millennium. Thanks to the unique collection of over one thousand folios of autograph manuscript that Ademar left behind, Richard Landes has been able to reconstruct in great detail the development of Ademar's career and the events of his day, and to suggest several major revisions in the general picture held by current medieval historiography.
Above all, the author's research confirms and elaborates the realization (first articulated over sixty years ago by the historian Louis Saltet) that in 1029 Ademar suffered a humiliating defeat at the height of his career and spent his final five years feverishly producing a dossier of forgeries and fictions about his own contemporaries that has few parallels in the annals on medieval forgery. Not only did that dossier of forgeries succeed in misleading historians from the twelfth century right up to the twentieth, but few historians have been willing to explore the implications of so striking a revision in Ademar's biography. Richard Landes is the first to systematically examine the evidence and the implications for our understanding of the period, and he offers an explanation of how these remarkable developments might have occurred.
In “Constitutional Mandates and Choices,” Paul Freund discusses the recent Supreme Court school-prayer decisions and the Constitution. Acknowledging the need for instilling tradition, morality, and reverence—the “religious component” called for by many—Freund still maintains that “the school-prayer decisions are more important for the doors they leave open than for those they shut. The study of religious tradition, training in moral analysis, and the cultivation of sensibilities beyond the intellectual are all left open and beckoning… Today the need is not to reform the First Amendment but to examine and reform our ideas and practices of moral education in the schools.”
After presenting a brief historical description of religious education in our Western Judeo-Christian civilization, and outlining the present situation in our public schools, Robert Ulich, in “The Historical Present,” declares that if by “religion” we do not mean allegiance to a particular creed, then, “whatever is the decision of the Supreme Court, it will never be able to divorce the religious from the educational spheres in our education system.”
To understand the nature of religious belief, we must look at how our minds process the world of imagination and make-believe.
We often assume that religious beliefs are no different in kind from ordinary factual beliefs—that believing in the existence of God or of supernatural entities that hear our prayers is akin to believing that May comes before June. Neil Van Leeuwen shows that, in fact, these two forms of belief are strikingly different. Our brains do not process religious beliefs like they do beliefs concerning mundane reality; instead, empirical findings show that religious beliefs function like the imaginings that guide make-believe play.
Van Leeuwen argues that religious belief—which he terms religious “credence”—is best understood as a form of imagination that people use to define the identity of their group and express the values they hold sacred. When a person pretends, they navigate the world by consulting two maps: the first represents mundane reality, and the second superimposes the features of the imagined world atop the first. Drawing on psychological, linguistic, and anthropological evidence, Van Leeuwen posits that religious communities operate in much the same way, consulting a factual-belief map that represents ordinary objects and events and a religious-credence map that accords these objects and events imagined sacred and supernatural significance.
It is hardly controversial to suggest that religion has a social function, but Religion as Make-Believe breaks new ground by theorizing the underlying cognitive mechanisms. Once we recognize that our minds process factual and religious beliefs in fundamentally different ways, we can gain deeper understanding of the complex individual and group psychology of religious faith.
A New York Times Book Review Editors’ Choice
An ABC Australia Best Book on Religion and Ethics of the Year
Distinguished Book Award, Sociology of Religion Section of the American Sociological Association
Religion in Human Evolution is a work of extraordinary ambition—a wide-ranging, nuanced probing of our biological past to discover the kinds of lives that human beings have most often imagined were worth living. It offers what is frequently seen as a forbidden theory of the origin of religion that goes deep into evolution, especially but not exclusively cultural evolution.
“Of Bellah’s brilliance there can be no doubt. The sheer amount this man knows about religion is otherworldly…Bellah stands in the tradition of such stalwarts of the sociological imagination as Emile Durkheim and Max Weber. Only one word is appropriate to characterize this book’s subject as well as its substance, and that is ‘magisterial.’”
—Alan Wolfe, New York Times Book Review
“Religion in Human Evolution is a magnum opus founded on careful research and immersed in the ‘reflective judgment’ of one of our best thinkers and writers.”
—Richard L. Wood, Commonweal
How can we live in such a way that we die only once? How can we organize a society that gives us a better chance to be fully alive? How can we reinvent religion so that it liberates us instead of consoling us?
These questions stand at the center of Roberto Mangabeira Unger’s The Religion of the Future. Both a book about religion and a religious work in its own right, it proposes the content of a religion that can survive faith in a transcendent God and in life after death. According to this religion—the religion of the future—human beings can be more human by becoming more godlike, not just later, in another life or another time, but right now, on Earth and in their own lives.
Unger begins by facing the irreparable flaws in the human condition: our mortality, groundlessness, and insatiability. He goes on to discuss the conflicting approaches to existence that have dominated the last 2,500 years of the history of religion. Turning next to the religious revolution that we now require, he explores the political ideal of this revolution, an idea of deep freedom. And he develops its moral vision, focused on a refusal to squander life.
The Religion of the Future advances Unger’s philosophical program: a philosophy for which history is open, the new can happen, and belittlement need not be our fate.
In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person.
Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence.
Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
Religious beliefs and practices, which permeated all aspects of life in antiquity, traveled well-worn routes throughout the Mediterranean: itinerant charismatic practitioners journeying from place to place peddled their skills as healers, purifiers, cursers, and initiators; and vessels decorated with illustrations of myths traveled with them. New gods encountered in foreign lands by merchants and conquerors were sometimes taken home to be adapted and adopted. A full understanding of this complex spiritual world unfolds in Religions of the Ancient World, the first basic reference work that collects and organizes available information to offer an expansive, comparative perspective.
At once sweeping in scope and groundbreaking in format, the Guide eschews the usual encyclopedic approach, instead presenting, side by side, materials from ten cultures and traditions. Thus specific beliefs, cults, gods, and ritual practices that arose and developed in Mediterranean religions--of Egypt, Anatolia and the Near East, Mesopotamia, Iran, Greece, and the Roman world, from the third millennium to the fourth century C.E.--are interpreted in comparison with one another, and with reference to aspects that crisscross cultural boundaries, such as Cosmology, Myth, Law and Ethics, and Magic. Written by leading scholars of ancient religion, the essays in this guide sketch the various religious histories, raise central theoretical issues, and examine individual topics such as Sacred Times and Spaces; Prayers, Hymns, Incantations, and Curses; Sin, Pollution, and Purity; Death, the Afterlife, and Other Last Things; Divination and Prophecy; Deities and Demons; and Sacred Texts and Canonicity.
Clearly and stylishly written, grandly illustrated, this comprehensive work welcomes readers as never before into the diversity and interconnections of religion in the ancient world.
This study in religious anthropology explores the social history of popular belief. The book begins with an evocation of the river towns, open fields, and vineyards of Champagne. In addition to the historical geography and quantitative material that are hallmarks of the French tradition, the author studies the rich artistic evidence that still graces the provincial churches.
Galpern interprets religious behavior at the beginning of the century as a lingering response to difficulties of the late Middle Ages. The nascent Protestant movement highlights the ways in which many Catholics modified their practices, yet remained orthodox. The book charts the paths of antipathy that converged in civil war, and concludes with a discussion of the late-sixteenth-century atmosphere of revivalism, which mimicked the earlier spiritualclimate.
In seventeenth- and eighteenth-century England and America, established society branded as "enthusiasts" those unconventional but religiously devout extremists who stepped across orthodox lines and claimed an intimate, emotional relationship with God. John of Leyden, Anne Hutchinson, William Penn, and George Whitefield all shared the label "enthusiast." This book is a study of the enthusiasts who migrated to the American colonies as well as those who emergedthere--from Pilgrim Fathers to pietistic Moravians, from the martyr-bound Quakers to heaven-bent revivalists of the 1740s.
This study of the role of religious enthusiasm in early America tells us much about English attitudes toward religion in the New World and about the vital part it played in the lives of the colonists. Both friends and enemies of enthusiasm revealed in their arguments and actions their own conceptions of the America they inhabited. Was religion in America to be an extension of Old World institutions or truly a product of the New World? Would enthusiasm undermine civilized institutions, not only established churches, but government, social structure, morality, and the economy as well? Calling enthusiasts first heretics, then subversives and conspirators, conventional society sought ways to suppress or banish them. By 1776 enthusiasm had spilled over into politics and added a radical dimension to the revolutionary struggle.
This timely exploration of the effect of radical religion on the course of early American history provides essential historical perspective to the current interest in popular religion.
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty.
Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices.
With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.
Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer.
Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.
As Harry Austryn Wolfson deftly isolates and analyzes some of the most vital and often the most enigmatic ideas developed by the religious philosophers of the West, a cumulative and thoughtful continuity emerges from his interpretations. Philo, for example, appears as a dominant force throughout the sixteen centuries that preceded Spinoza's critique of his basic principles.
The ten essays which constitute the critical sequence of this penetrating book are derived from lectures, and from separate publications many of which are not readily available now. They include discussions of Immortality and Resurrection in the Philosophy of the Church Fathers; St. Augustine and the Pelagian Controversy; Causality and Freedom in Descartes, Leibniz and Hume. Wolfson concludes with a perceptive distillation of his personal wisdom in an essay contrasting the professed atheist with the “verbal theist.”
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