front cover of Courting the Abyss
Courting the Abyss
Free Speech and the Liberal Tradition
John Durham Peters
University of Chicago Press, 2005
Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition.

A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today.

A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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front cover of The Morality of Everyday Life
The Morality of Everyday Life
Rediscovering an Ancient Alternative to the Liberal Tradition
Thomas Fleming
University of Missouri Press, 2007

In TheMorality of Everyday Life, Thomas Fleming offers an alternative to the enlightened liberalism espoused by thinkers as different as Kant, Mill, Rand, and Rawls. Philosophers in the liberal tradition, although they disagree on many important questions, agree that moral and political problems should be looked at from an objective point of view and a decision made from a rational perspective that is universally applied to all comparable cases.

Fleming instead places importance on the particular, the local, and moral complexity.  He advocates a return to premodern traditions, such as those exemplified in the texts of Aristotle, the Talmud, and the folk wisdom in ancient Greek literature, for a solution to ethical predicaments. In his view, liberalism and postmodernism ignore the fact that human beings by their very nature refuse to live in a world of universal abstractions.

While such modern philosophers as Kant and Kohlberg have regarded a mother’s self-sacrificing love for her children as beneath their level of morality, folk wisdom tells us it is nearly the highest morality, taking precedence over the duties of citizenship or the claims of humanity. Fleming believes that a modern type of “casuistry” should be applied to these moral conflicts in which the line between right and wrong is rarely clear.

This volume will appeal to students of ethics and classics, as well as the general educated reader, who will appreciate Fleming’s jargon-free prose. Teachers will find this text useful because each chapter is a self-contained essay that could be used as the basis for classroom discussion.   

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front cover of Pillars of Justice
Pillars of Justice
Lawyers and the Liberal Tradition
Owen Fiss
Harvard University Press, 2017

Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.

Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.

For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.

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