A SCHOLARLY BOOK REPOSITORY22 start with L start with L
In this compelling study of labor and nationalism during and after Namibia's struggle for liberation, Gretchen Bauer addresses the very difficult task of consolidating democracy in an independent Namibia. Labor and Democracy in Namibia, 1971-1996 argues that a vibrant and autonomous civil society is crucial to the consolidation of new democracies, and it identifies trade unions, in particular, as especially important organizations of civil society. In Namibia, however, trade unions have emerged from the liberation struggle and the first years of independence in a weakened state. Dr. Bauer gives a lucid explanation for this phenomenon by tracing the origins and evolution of the trade unions in Namibia and discusses the implications thereof for the future of democracy in Namibia.
Based on material not widely available before independence in 1990, this study takes a critical look at the nationalist movement in Namibia. Through the use of dozens of interviews with political leaders, trade unionists, community activists, and others, Bauer offers the controversial suggestion that there are many within the nationalist movement (now the ruling party in government) who would rather not see a strong trade union movement (or any other potential rival) emerge in independent Namibia.
By examining alternative literary publications, Griffin recasts the seventeen-year Pinochet dictatorship as a time of editorial experimentation despite widespread cultural oppression and shows how grassroots cultural activism has challenged government-approved corporate publishing models throughout the postdictatorship period. Griffin's work also points to the growing importance of autogestión, or do-it-yourself cultural production, where individuals combine artisanal forms with new technologies to make and share creative work on a global scale.
The biblical adage that “if a house be divided against itself, that house cannot stand” remains sound theological advice. It is also essential counsel for any political party that aspires to win elections. When a party is riven with division, the public does not know what it stands for. Though both major UK parties have been subject to internal conflict over the years, the Labour Party has been more prone to damaging splits. The divide exposed by the Corbyn insurgency is only the most recent example in almost a century of destructive infighting. Indeed, it has often seemed as though Labour has been more adept at fighting itself than in defeating the Tory party. This book examines the history of Labour’s civil wars and the underlying causes of the party’s schisms, from the first split of 1931, engineered by Ramsay MacDonald, to the ongoing battle for the future between the incumbent, Keir Starmer, and those who fundamentally altered the party’s course under his predecessor, Jeremy Corbyn.
James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.
Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor.
Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview.
These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom.
Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.
What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.
How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.
Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
The problem of "unity" and the public sphere has driven a wedge between libertarians and communitarians. To mediate this conflict, Willard advocates a shift from the discourse of liberalism to that of epistemics. As a means of organizing the ebb and flow of consensus, epistemics regards democracy as a family of knowledge problems—as ways of managing discourse across differences and protecting multiple views.
Building a bridge between warring peoples and warring paradigms, this book also reminds those who presume to instruct government that they are obliged to enlighten it, and that to do so requires an enlightened public discourse.
In the 1920s and 1930s, Egypt’s reformers equated liberal notions of nationhood and citizenship with European civilization and culture. As Maghraoui demonstrates, in their efforts to achieve liberalization, they sought to align Egypt with the West and to dissociate it from the Arab and Islamic worlds. Egypt’s professionals and leading cultural figures attempted to replace the fez with European-style hats; they discouraged literary critics from studying Arabic poetry, claiming it was alien to Egyptian culture. Why did they feel compelled to degrade local cultures in order to accommodate liberal principles?
Drawing on the thought of Lacan, Fanon, Said, and Bhabha, as well as contemporary political theory, Maghraoui points to liberalism’s inherent contradiction: its simultaneous commitments to individual liberty and colonial conquest. He argues that when Egypt’s reformers embraced the language of liberalism as their own, they adopted social prejudices built into that language. Efforts to achieve liberalization played out—and failed—within the realm of culture, not just within the political arena. Opinions voiced through literary works, cartoons, newspaper articles on controversial social issues, and other forms of cultural expression were ultimately more important to the fate of liberalism in Egypt than were questions of formal political participation and representation. Liberalism without Democracy demonstrates the powerful—and under appreciated—role of language and culture in defining citizenship and political community.
Somehow people continue to imagine a world of justice against the odds of a deck that has been stacked against them. In her urgent and perceptive book, Life in and against the Odds, Hoechst focuses on the particular circumstances and conditions of different phases of speculative expansion in the United States. She traces the roots of the nation-state to nineteenth-century land markets and slave exchanges. Hoechst also chronicles how these racial foundations extend through corporate capitalism from the 1920s and ´30s to the present era of financialized capitalism and the recent housing bubble.
Life in and against the Odds identifies where and how speculative nationalism creates roadblocks to freedom. Hoechst retells the history of the United States with a perspective on how human lives are made, destroyed, reconfigured, and claimed under the systemic violence of a nation that is rooted in the racializing futurity of speculative capitalism.
What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.
Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy.
With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence.
Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
In Lincoln Lessons, seventeen of today’s most respected academics, historians, lawyers, and politicians provide candid reflections on the importance of Abraham Lincoln in their intellectual lives. Their essays, gathered by editors Frank J. Williams and William D. Pederson, shed new light on this political icon’s remarkable ability to lead and inspire two hundred years after his birth.
Collected here are glimpses into Lincoln’s unique ability to transform enemies into steadfast allies, his deeply ingrained sense of morality and intuitive understanding of humanity, his civil deification as the first assassinated American president, and his controversial suspension of habeas corpus during the Civil War. The contributors also discuss Lincoln’s influence on today’s emerging democracies, his lasting impact on African American history, and his often-overlooked international legend—his power to instigate change beyond the boundaries of his native nation. While some contributors provide a scholarly look at Lincoln and some take a more personal approach, all explore his formative influence in their lives. What emerges is the true history of his legacy in the form of first-person testaments from those whom he has touched deeply.
Lincoln Lessons brings together some of the best voices of our time in a unique combination of memoir and history. This singular volume of original essays is a tribute to the enduring inspirational powers of an extraordinary man whose courage and leadership continue to change lives today.
Contributors
Jean H. Baker
Mario M. Cuomo
Joan L. Flinspach
Sara Vaughn Gabbard
Doris Kearns Goodwin
Harold Holzer
Harry V. Jaffa
John F. Marszalek
James M. McPherson
Edna Greene Medford
Sandra Day O’Connor
Mackubin Thomas Owens
William D. Pederson
Edward Steers Jr.
Craig L. Symonds
Thomas Reed Turner
Frank J. Williams
A New York Times Book Review Editors’ Choice
In 1858, challenger Abraham Lincoln debated incumbent Stephen Douglas seven times in the race for a U.S. Senate seat from Illinois. More was at stake than slavery in those debates. In Lincoln’s Tragic Pragmatism, John Burt contends that the very legitimacy of democratic governance was on the line. In a United States stubbornly divided over ethical issues, the overarching question posed by the Lincoln-Douglas debates has not lost its urgency: Can a liberal political system be used to mediate moral disputes? And if it cannot, is violence inevitable?
“John Burt has written a work that every serious student of Lincoln will have to read...Burt refracts Lincoln through the philosophy of Kant, Rawls and contemporary liberal political theory. His is very much a Lincoln for our time.”
—Steven B. Smith, New York Times Book Review
“I'm making space on my overstuffed shelves for Lincoln’s Tragic Pragmatism. This is a book I expect to be picking up and thumbing through for years to come.”
—Jim Cullen, History News Network
“Burt treats the [Lincoln-Douglas] debates as being far more significant than an election contest between two candidates. The debates represent profound statements of political philosophy and speak to the continuing challenges the U.S. faces in resolving divisive moral conflicts.”
—E. C. Sands, Choice
Cervone describes how the Inca Atahualpa contested racial subordination by intervening in matters of resource distribution, justice, and cultural politics. Considering local indigenous politics and indigenous mobilization at the national and international levels, she explains how, beginning in the 1960s, state-led modernization created political openings by generating new economic formations and social categories. Long Live Atahualpa sheds new light on indigenous peoples operating at the crossroads of global capitalism and neoliberal reforms as they redefine historically rooted relationships of subordination.
Do democratic states bring about greater social and economic equality among their citizens? Modern India embraced universal suffrage from the moment it was free of British imperial rule in 1947—a historical rarity in the West—and yet Indian citizens are far from realizing equality today. The United States, the first British colony to gain independence, continues to struggle with intolerance and the consequences of growing inequality in the twenty-first century.
From Boston Brahmins to Mohandas Gandhi, from Hollywood to Bollywood, Nico Slate traces the continuous transmission of democratic ideas between two former colonies of the British Empire. Gandhian nonviolence lay at the heart of the American civil rights movement. Key Indian freedom fighters sharpened their political thought while studying and working in the United States. And the Indian American community fought its own battle for civil rights.
Spanning three centuries and two continents, Lord Cornwallis Is Dead offers a new look at the struggle for freedom that linked two nations. While the United States remains the world’s most powerful democracy, India—the world’s most populous democracy—is growing in wealth and influence. Together, the United States and India will play a predominant role in shaping the future of democracy.
Historically, it has been assumed that war is violence and declarations of war are simply public announcements that serve to initiate combat. Brien Hallett denies both assumptions and claims that war is policy, not violence.
The Lost Art of Declaring War analyzes the crucial differences between combat and war and convincingly argues that the power to "declare" war is in actuality the power to compose a text, draft a document, write a denunciation. Once written, the declaration then serves three functions: to articulate the political purposes of the war, to guide and direct military operations, and to establish the boundary between justified combat and unjustified devastation.
Hallett sounds a clarion call urging the people and their representatives to take up the challenge and write fully reasoned declarations of war. Then, and only then, can a civilized nation like the United States lay claim to being fully democratic, not only in peacetime, but in wartime as well.
Intellectuals such as William James, John Dewey, Jane Addams, Eugene V. Debs, and W. E. B. Du Bois repudiated liberalism's association with acquisitive individualism and laissez-faire economics, advocating a model of liberal citizenship whose virtues and commitments amount to what Hansen calls cosmopolitan patriotism. Rooted not in war but in dedication to social equity, cosmopolitan patriotism favored the fight against sexism, racism, and political corruption in the United States over battles against foreign foes. Its adherents held the domestic and foreign policy of the United States to its own democratic ideals and maintained that promoting democracy universally constituted the ultimate form of self-defense. Perhaps most important, the cosmopolitan patriots regarded critical engagement with one's country as the essence of patriotism, thereby justifying scrutiny of American militarism in wartime.
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