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Darker than Blue
On the Moral Economies of Black Atlantic Culture
Paul Gilroy
Harvard University Press, 2011

Paul Gilroy seeks to awaken a new understanding of W. E. B. Du Bois’s intellectual and political legacy. At a time of economic crisis, environmental degradation, ongoing warfare, and heated debate over human rights, how should we reassess the changing place of black culture?

Gilroy considers the ways that consumerism has diverted African Americans’ political and social aspirations. Luxury goods and branded items, especially the automobile—rich in symbolic value and the promise of individual freedom—have restratified society, weakened citizenship, and diminished the collective spirit. Jazz, blues, soul, reggae, and hip hop are now seen as generically American, yet artists like Jimi Hendrix, Chuck Berry, and Bob Marley, who questioned the allure of mobility and speed, are not understood by people who have drained their music of its moral power.

Gilroy explores the way in which objects and technologies can become dynamic social forces, ensuring black culture’s global reach while undermining the drive for equality and justice. Drawing on the work of a number of thinkers, including Michel Foucault, Hannah Arendt, Primo Levi, and Frantz Fanon, he examines the ethical dimensions of living in a society that celebrates the object. What are the implications for our notions of freedom?

With his brilliant, provocative analysis and astonishing range of reference, Gilroy revitalizes the study of African American culture. He traces the shifting character of black intellectual and social movements, and shows how we can construct an account of moral progress that reflects today’s complex realities.

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Debating Women's Equality
Toward a Feminist Theory of Law from a European Perspective
Gerhard, Ute
Rutgers University Press, 2001

Ute Gerhard places women's rights at the center of legal philosophy and sees the struggle for equality as a driving force in the history of law. Focusing on Europe and taking the course of German feminism and law as primary examples, she incorporates the various social contexts in which questions of equality and gender difference have been raised into an analysis that challenges misconceptions about the principle of equality itself.

Gerhard reviews the history of women's movements in the nineteenth and twentieth centuries and traces the historical development of claims to gender equality as well as obstacles to these claims. Critically exploring the influence of philosophers such as Rousseau, Fichte, and Kant, Gerhard concludes that women need to be recognized as both equal and different-that claims to equality do not simply eliminate difference, but also articulate it. Mindful of the social and political contexts surrounding equality arguments, Gerhard probes three legal issues: women's rights in the public sphere, especially the right to vote; women's legal capacities in private law, or the legal doctrine of so-called gender tutelage; and women's human rights, a prominent concern in the current international women's movement.
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The Demands of Liberty
Civil Society in France since the Revolution
Pierre Rosanvallon
Harvard University Press, 2007

How does France reconcile the modern movement toward pluralism and decentralization with a strong central governing power? One of the country's most distinguished political historians offers a radical new interpretation of the development of democracy in France and the relationship between government and its citizens.

Since the publication of Tocqueville's Ancient Regime and the Revolution, French political structures have been viewed as the pure expression of a native Jacobinism, itself the continuation of an old absolutism. This interpretation has served as both a diagnosis of and an excuse for the inability to accept pluralism and decentralization as norms of a modern democracy, as evidenced in such policies as the persistence of the role of prefects and the ban on headscarves in schools.

Pierre Rosanvallon, by contrast, argues that the French have cherished and demonized Jacobinism at the same time; their hearts followed Robespierre, but their heads turned toward Benjamin Constant. The Demands of Liberty traces the long history of resistance to Jacobinism, including the creation of associations and unions and the implementation of elements of decentralization. Behind the ideological triumph of the state lies the conflicting creation of an active civil society.

In exploring these tensions, Rosanvallon takes the debate far beyond traditional views of liberalism versus republicanism and offers an innovative analysis of why the French system has worked despite Jacobinism.

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Design for Liberty
Private Property, Public Administration, and the Rule of Law
Richard A. Epstein
Harvard University Press, 2011

Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees.

In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation.

Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

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The Dimensions of Liberty
Oscar Handlin and Mary Flug Handlin
Harvard University Press
Using the ability of the individual to take action as a working measure of the extent of liberty at any time, Oscar Handlin and Mary Handlin identify and describe numerous factors that have had an important effect on American freedom since colonial days. In defining the broad dimensions of the conception, they investigate, among other subjects, the significance of the idea that the state derived power from the consent of the governed, the early concept of the Commonwealth, the later one of police powers, the roles played by governmental institutions, churches, secret lodges, voluntary associations of all kinds, immigration, the professions, continuing social and physical mobility, and the growth of wealth.
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The Discovery of Freedom in Ancient Greece
Revised and Updated Edition
Kurt Raaflaub
University of Chicago Press, 2003
Although there is constant conflict over its meanings and limits, political freedom itself is considered a fundamental and universal value throughout the modern world. For most of human history, however, this was not the case. In this book, Kurt Raaflaub asks the essential question: when, why, and under what circumstances did the concept of freedom originate?

To find out, Raaflaub analyses ancient Greek texts from Homer to Thucydides in their social and political contexts. Archaic Greece, he concludes, had little use for the idea of political freedom; the concept arose instead during the great confrontation between Greeks and Persians in the early fifth century BCE. Raaflaub then examines the relationship of freedom with other concepts, such as equality, citizenship, and law, and pursues subsequent uses of the idea—often, paradoxically, as a tool of domination, propaganda, and ideology.

Raaflaub's book thus illuminates both the history of ancient Greek society and the evolution of one of humankind's most important values, and will be of great interest to anyone who wants to understand the conceptual fabric that still shapes our world views.
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