A SCHOLARLY BOOK REPOSITORY
Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.
This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.
Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West
Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.
Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.
Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Thoroughly grounded in the latest scholarly literature, theoretical sources, and experimental results, Legacy and Legitimacy substantially advances understanding of Black Americans’ attitudes toward the Supreme Court, the Court’s ability to influence Blacks’ opinions about the legitimacy of public institutions and policies, and the role of media in shaping Blacks’ judgments.
Drawing on legitimacy theory—which explains the acceptance of or tolerance for controversial policies—the authors begin by reexamining the significance of “diffuse support” in establishing legitimacy. They provide a useful overview of the literature on legitimacy and a concise history of the special relationship between Blacks and the Court. They investigate the influences of group attitudes and media “framing.” And they employ data from large-scale surveys to show that Blacks with greater levels of diffuse support for the Court are more likely to adopt positions consistent with Court rulings.
With its broad scope and inclusion of new experimental findings, Legacy and Legitimacy will interest students and scholars of judicial politics, racial politics, media and politics, black studies and public opinion.
Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
In The Legitimacy of the Middle Ages, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx’s (medieval) theory of commodity fetishism, Heidegger’s scholasticism, and Adorno’s nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud’s most famous patient, Daniel Paul Schreber, author of Memoirs of My Nervous Illness (1903). Another looks at Michael Hardt and Antonio Negri’s Empire, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career.
Contributors: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel
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.
Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it.
This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.
This is a fascinating inquiry into the factors that determine the acceptance or rejection of capitalism by the industrial working class. Combining classical social theory, historical evidence, and survey data, Waisman explores the relationship between the degree of modernization and the legitimacy of the capitalist social order.
Propositions about the interaction between established elites and emerging working classes are illustrated with three typical cases: Disraelian Britain, Bismarckian Germany, and Peronist Argentina. From the contrasting theories of Marx and Bakunin, the author derives hypotheses concerning the position of the working class in the economy and the consequences this has for legitimacy. He finds that countries at middle levels of industrial development—mostly latecomers to industrialization in Southern Europe and advanced areas of Latin America—have the greatest difficulty in establishing capitalism as a legitimate social order. They are advanced enough to have a large working class, yet underdeveloped enough to have a dissatisfied one.
Street gangs are a major concern for residents in many inner-city communities. However, gangs’ secretive and, at times, delinquent tendencies limit most people’s exposure to the realities of gang life. Based on eighteen months of qualitative research on the streets of Indianapolis, Real Gangstas provides a unique and intimate look at the lives of street gang members as they negotiate a dangerous peer environment in a major midwestern city.
Timothy R. Lauger interviewed and observed a mix of fifty-five gang members, former gang members, and non-gang street offenders. He spent much of his fieldwork time in the company of a particular gang, the “Down for Whatever Boyz,” who allowed him to watch and record many of their day-to-day activities and conversations. Through this extensive research, Lauger is able to understand and explain the reasons for gang membership, including a chaotic family life, poverty, and the need for violent self-assertion in order to foster the creation of a personal identity.
Although the book exposes many troubling aspects of gang life, it is not a simple descriptive or a sensationalistic account of urban despair and violence. Steeped in the tradition of analytical ethnography, the study develops a central theoretical argument: combinations of street gangs within cities shape individual gang member behavior within those urban settings. Within Indianapolis, members of rival gangs interact on a routine basis within an ambiguous and unstable environment. Participants believe that many of their contemporaries claiming gang affiliations are not actually “real” gang members, but instead are imposters who gain access to the advantages of gang membership through fraud and pretense. Consequently, the ability to discern “real” gang members—or to present oneself successfully as a real gang member—is a critical part of gangland Indianapolis.
Real Gangstas offers an objective and fair characterization of active gang members, successfully balancing the seemingly conflicting idea that they generally seem like normal teenagers, yet are abnormally concerned with—and too often involved in—violence. Lauger takes readers to the edge of an actual gang conflict, providing a rare and up-close look at the troubling processes that facilitate hostility and violence.
Christopher Schroeder spends almost no time disputing David Bartholomae's famous essay, but throughout ReInventing the University, he elaborates an approach to teaching composition that is at odds with the tradition that essay has come to represent.
On the other hand, his approach is also at odds with elements of the pedagogies of such theorists as Berlin, Bizzell, and Shor. Schroeder argues that, for students, postmodern instability in literacy and meaning has become a question of the legitimacy of current discourse of education. Schroeder is committed, then, to constructing literacies jointly with students and by so doing to bringing students to engage more deeply with education and society.
Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its loan obligations damages its reputation, inviting still greater problems down the road. Yet difficult dilemmas arise from this assumption. Should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses?
Rethinking Sovereign Debt is a probing historical analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or expect reputational consequences--became the consensus approach. Odette Lienau contends that the practice is not essential for functioning international capital markets, and demonstrates how it relies on ideas of absolutist government that have come under fire over the last century. Challenging previous accounts, Lienau incorporates a wealth of original research to argue that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. She traces the notion of debt continuity from the post-World War I era to the present, emphasizing the role of government officials, the World Bank, and private-market actors in shaping our existing framework.
Lienau calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Examining public service from the perspective of the worker, this book provides a new framework for understanding the roles and responsibilities of front-line public servants and assessing the appropriateness of their actions.
Public employees who work at street level face some of the most intractable, pervasive, and complex problems in contemporary society. Drawing on more than 1500 hours of observation of police officers and social service workers in four states, this book explores the types of situations they confront, the factors they consider, and the hard choices they make. Presenting numerous cases of how these individuals acted in various situations, the authors show how public servants translate the expectations of administrators and others into legitimate street-level action.
Vinzant and Crothers propose the concept of leadership as a positive and realistic framework for understanding what these public servants do and how they can successfully meet the daily challenges of their very difficult and complex jobs. They show how changing the theory and language we use to describe street-level work can encourage decisions that are responsive both to the needs of the clients being served and to the broader community's need for accountability. They also examine how street-level leadership can change the way agencies recruit, train, and manage these employees and how society defines their role in governance.
This book offers valuable insights for those working in or studying public administration, policy analysis, criminal justice, and social work.
Dilemmas from climate change to financial meltdowns make it clear that global interconnectedness is the norm in the twenty-first century. As a result, global governance organizations (GGOs)—from the World Trade Organization to the Forest Stewardship Council—have taken on prominent roles in the management of international affairs. These GGOs create and promulgate rules to address a host of pressing problems. But as World Rule reveals, they struggle to meet two challenges: building authority despite limited ability to impose sanctions and maintaining legitimacy while satisfying the demands of key constituencies whose support is essential to a global rulemaking regime.
Through a novel empirical study of twenty-five GGOs, Jonathan GS Koppell provides a clearer picture of the compromises within and the competition among these influential institutions by focusing attention on their organizational design. Analyzing four aspects of GGO organization in depth—representation and administration, the rulemaking process, adherence and enforcement, and interest group participation—Koppell describes variation systemically, identifies patterns, and offers explanations that link GGO design to the fundamental challenge of accountability in global governance.
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