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The Chicago Canon on Free Inquiry and Expression
Edited by Tony Banout and Tom Ginsburg
University of Chicago Press

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The Constitution, the Law, and Freedom of Expression
1787-1987
James Brewer Stewart
Southern Illinois University Press, 1987

In recognition of the bicentennial of the Constitution of the United States, former chief justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others delivered papers at the first annual DeWitt Wallace Conference on the Liberal Arts, held at Macalester College, St. Paul.

Joining some of the best legal minds in America were novelist John Edgar Wideman, chemist Harry B. Gray, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton.

Opening the conference and this book, former chief Justice Burger emphasizes the daring of those who drafted the Constitution. Justice Scalia, noting the great reduction in curbs to freedom of expression since World War I, points out that the proliferation of freedom has forced courts to distinguish between types of expression.

Although the views expressed in these essays differ widely, opinion concerning the major issue falls into two definite camps: Burger, Scalia, and Dorsen contend that freedom of expression depends on the legal structure for survival; Wideman, Gray, Lifton, and Norton maintain that social forces determine freedom of expression.

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Expression and the Inner
David H. Finkelstein
Harvard University Press, 2008
At least since Descartes, philosophers have been interested in the special knowledge or authority that we exhibit when we speak about our own thoughts, attitudes, and feelings. Expression and the Inner contends that even the best work in contemporary philosophy of mind fails to account for this sort of knowledge or authority because it does not pay the right sort of attention to the notion of expression. Following what he takes to be a widely misunderstood suggestion of Wittgenstein's, Finkelstein argues that we can make sense of self-knowledge and first-person authority only by coming to see the ways in which a self-ascription of, say, happiness (a person's saying or thinking, "I'm happy this morning") may be akin to a smile--akin, that is, to an expression of happiness. In so doing, Finkelstein contrasts his own reading of Wittgenstein's philosophy of mind with influential readings set out by John McDowell and Crispin Wright. By the final chapter of this lucid work, what's at stake is not only how to understand self-knowledge and first-person authority, but also what it is that distinguishes conscious from unconscious psychological states, what the mental life of a nonlinguistic animal has in common with our sort of mental life, and how to think about Wittgenstein's legacy to the philosophy of mind.
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The Expression of the Emotions in Man and Animals
Charles Darwin
University of Chicago Press, 1965
Darwin's work of 1872 still provides the point of departure for research in the theory of emotion and expression. Although he lacked the modern research tool of cybernetics, his basic methods have not been improved upon: the study of infants, of the insane, of paintings and sculpture, of some of the commoner animals; the use of photographs of expression submitted to different judges; and the comparative study of expression among different peoples. This new edition will be warmly welcomed by those behavioral scientists who have recently shown an intense interest in the scientific study of expression. Lay readers, too, will be struck by the freshness and directness of this book, which includes, among other data, Darwin's delightfully objective analysis of his own baby's smiles and pouts.
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The Expressive Powers of Law
Theories and Limits
Richard H. McAdams
Harvard University Press, 2014

When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs.

“McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete…McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.”
Harvard Law Review

“McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both…McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.”
—Patrick McKinley Brennan, Review of Metaphysics

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Free Speech, The People's Darling Privilege
Struggles for Freedom of Expression in American History
Michael Kent Curtis
Duke University Press, 2000
Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date.
Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech.
Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.
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Music as Metaphor
The Elements of Expression
Donald N. Ferguson
University of Minnesota Press, 1960

Music as Metaphor was first published in 1960. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

A professor of music for many years, Mr. Ferguson here sets forth his theories on how music conveys meaning to its listeners. He identifies and discusses the elements of musical expression - tonal stress and rhythm - and correlates them with the nervous tensions and motor impulses which characterize human emotion. Through this correlation, he shows how music portrays universally understood emotional states and ideas. He relates these principles to music criticism, proposing a new system for such criticism.

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The Opioid Epidemic and US Culture
Expression, Art, and Politics in an Age of Addiction
Travis D. Stimeling
West Virginia University Press, 2020
The Opioid Epidemic and US Culture brings a new set of perspectives to one of the most pressing contemporary topics in Appalachia and the nation as a whole. A project aimed both at challenging dehumanizing attitudes toward those caught in the opioid epidemic and at protesting the structural forces that have enabled it, this edited volume assembles a multidisciplinary community of scholars and practitioners to consider the ways that people have mobilized their creativity in response to the crisis. From the documentary The Wild and Wonderful Whites of West Virginia to the role of cough syrup in mumble rap, and from a queer Appalachian zine to protests against the Sackler family’s art-world philanthropy, the essays here explore the intersections of expressive culture, addiction, and recovery.

Written for an audience of people working on the front lines of the opioid crisis, the book is essential reading for social workers, addiction counselors, halfway house managers, and people with opioid use disorder. It will also appeal to the community of scholars interested in understanding how aesthetics shape our engagement with critical social issues, particularly in the fields of literary and film criticism, museum studies, and ethnomusicology.
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Perception, Expression, and History
The Social Phenomenology of Maurice Merleau-Ponty
John O'Neill
Northwestern University Press, 1970
In this commentary, John O'Neill concentrates upon three themes in the goal Merleau-Ponty set for himself, namely "to restore to things their concrete physiognomy, to organisms their individual ways of dealing with the world, and to subjectivity its inherence in history." O'Neill considers the three objectives in their original order: first, the study of animal and human psychology; then, the phenomenology of perception; and finally, certain extensions of these perspectives in the historical and social sciences.
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The Prose of the World
Maurice Merleau-Ponty
Northwestern University Press, 1973
The work that Maurice Merleau-Ponty planned to call The Prose of the World, or Introduction to the Prose of the World, was unfinished at the time of his death. The book was to constitute the first section of a two-part work whose aim was to offer, as an extension of his Phenomenology of Perception, a theory of truth. This edition's editor, Claude Lefort, has interpreted and transcribed the surviving typescript, reproducing Merleau-Ponty's own notes and adding documentation and commentary.
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Putting a Song on Top of It
Expression and Identity on the San Carlos Apache Reservation
David W. Samuels
University of Arizona Press, 2004
As in many Native American communities, people on the San Carlos Apache reservation in southeastern Arizona have for centuries been exposed to contradictory pressures. One set of expectations is about conversion and modernization—spiritual, linguistic, cultural, technological. Another is about steadfast perseverance in the face of this cultural onslaught. Within this contradictory context lies the question of what validates a sense of Apache identity.
 
For many people on the San Carlos reservation, both the traditional calls of the Mountain Spirits and the hard edge of a country, rock, or reggae song can evoke the feeling of being Apache. Using insights gained from both linguistic and musical practices in the community—as well as from his own experience playing in an Apache country band—David W. Samuels explores the complex expressive lives of these people to offer new ways of thinking about cultural identity.
 
Samuels analyzes how people on the reservation make productive use of popular culture forms to create and transform contemporary expressions of Apache cultural identity. As Samuels learned, some popular songs—such as those by Bob Marley—are reminiscent of history and bring about an alignment of past and present for the Apache listener. Thinking about Geronimo, for instance, might mean one thing, but “putting a song on top of it” results in a richer meaning. Samuels also proposes that the concept of the pun, as both a cultural practice and a means of analysis, helps us understand the ways in which San Carlos Apaches are able to make cultural symbols point in multiple directions at once. Through these punning, layered expressions, people on the reservation express identities that resonate with the complicated social and political history of the Apache community.
 
This richly detailed study challenges essentialist notions of Native American tribal and ethnic identity by revealing the turbulent complexity of everyday life on the reservation. Samuels’s work is a multifaceted exploration of the complexities of sound, of language, and of the process of constructing and articulating identity in the twenty-first century.
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The Sensible World and the World of Expression
Course Notes from the Collège de France, 1953
Maurice Merleau-Ponty, Translated from the French with an introduction and notes by Bryan Smyth
Northwestern University Press, 2020

The Sensible World and the World of Expression was a course of lectures that Merleau-Ponty gave at the Collège de France after his election to the chair of philosophy in 1952. The publication and translation of Merleau-Ponty’s notes from this course provide an exceptional view into the evolution of his thought at an important point in his career. 

In these notes, we see that Merleau-Ponty’s consideration of the problem of the perception of movement leads him to make a self-critical return to Phenomenology of Perception in order to rethink the perceptual encounter with the sensible world as essentially expressive, and hence to revise his understanding of the body schema accordingly in terms of praxical motor possibilities. Sketching out an embodied dialectic of expressive praxis that would link perception with art, language, and other cultural and intersubjective phenomena, up to and including truth, Merleau-Ponty’s notes for these lectures thus afford an exciting glimpse of how he aspired to overcome the impasse of ontological dualism. 

Situated midway between Phenomenology of Perception and The Visible and the Invisible, these notes mark a juncture of crucial importance with regard to Merleau-Ponty’s later efforts to work out the ontological underpinnings of phenomenology in terms of a new dialectical conception of nature and history.

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Thinking with Tolstoy and Wittgenstein
Expression, Emotion, and Art
Henry W. Pickford
Northwestern University Press, 2015

In this highly original interdisciplinary study incorporating close readings of literary texts and philosophical argumentation, Henry W. Pickford develops a theory of meaning and expression in art intended to counter the meaning skepticism most commonly associated with the theories of Jacques Derrida.

Pickford arrives at his theory by drawing on the writings of Wittgenstein to develop and modify the insights of Tolstoy’s philosophy of art. Pickford shows how Tolstoy’s encounter with Schopenhauer’s thought on the one hand provided support for his ethical views but on the other hand presented a problem, exemplified in the case of music, for his aesthetic theory, a problem that Tolstoy did not successfully resolve. Wittgenstein’s critical appreciation of Tolstoy’s thinking, however, not only recovers its viability but also constructs a formidable position within contemporary debates concerning theories of emotion, ethics, and aesthetic expression.

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Variations in the Expression of Inka Power
Richard L. Burger
Harvard University Press, 2007
Until recently, little archaeological investigation has been dedicated to the Inka, the last great culture to flourish in Andean South America before the sixteenth-century arrival of the Spaniards. While the Inka have been traditionally viewed through the textual sources of early colonial histories, this volume draws on recent archaeological research to challenge theories on the chronology and development of the Inka Empire and how this culture spread across such a vast area. The volume demonstrates the great regional diversity of the Inka realm, with strategies of expansion that were shaped to meet a variety of local situations beyond the capital in Cusco. Using a range of theoretical and methodological approaches, scholars from the sciences, social sciences, and humanities provide a new understanding of Inka culture and history.
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The Vital Art of D.H. Lawrence
Vision and Expression
Jack Stewart
Southern Illinois University Press, 1999

D. H. Lawrence, asserts Jack Stewart, expresses a painter’s vision in words, supplementing visual images with verbal rhythms. With the help of twenty-three illustrations, Stewart examines Lawrence’s painterly vision in The White Peacock, Sons and Lovers, The Rainbow, Women in Love, Kangaroo, and The Plumed Serpent. He concludes by synthesizing the themes that pervade this interarts study: vision and expression, art and ontology.  

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