In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
Roger Douglas compares responses to terrorism by five liberal democracies—the United States, the United Kingdom, Canada, Australia, and New Zealand—over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.
Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.
True religious faith cannot be confirmed by any external proofs. Rather, it is founded on a basic act of trust—and the common root of that trust, for Jewish, Christian, and Islamic traditions, is a belief in the divine creation of the universe. But with Learning to Trust in Freedom, David B. Burrell asks the provocative question: How do we reach that belief, and what is it about the universe that could possibly testify to its divine origins? Even St. Augustine, he points out, could only find faith after a harrowing journey through the lures of desire—and it is that very desire that Burrell seizes on as a tool with which to explore the origin and purpose of the world. Delving deep into the intertwinings of desire and faith, and drawing on St. John of the Cross, Edith Stein, and Charles Taylor, Burrell offers a new understanding of free will, trust, and perception.
French philosopher Charles Renouvier played an influential role in reviving philosophy in France after it was proscribed during the Second Empire. Drawn to the ideals of the French Revolution, Renouvier came to recognize that the free will and civil liberties he supported were essential to the pursuit of science, contrary to the ideologies of positivists and socialists who would restrict liberty in the name of science. He struggled against monarchy and religious authority in the period up through 1848 and defended a liberal, secular form of political organization at a critical turning point in French history, the beginning of the Third Republic. As Warren Schmaus argues, Renouvier’s work provides an example of one way in which philosophy of science can succeed in bringing about change in political life—by critiquing political ideologies that falsely claim absolute certainty on religious, scientific, or any other grounds. Liberty and the Pursuit of Knowledge explores the understudied relationship between Renouvier’s philosophy of science and his political philosophy, shedding new light on the significance of his thought for the history of philosophy.
Identifying varied interest groups such as business tycoons, Christian denominations, and Southern Democrats, Goodall demonstrates how countersubversive politics was far from unified: groups often pursued clashing aims while struggling to balance the competing pulls of loyalty to the nation and liberty of thought, speech, and action. Meanwhile, the federal government pursued its own course, which alternately converged with and diverged from the paths followed by private organizations. By the end of World War II, alliances on the left and right had largely consolidated into the form they would keep during the Cold War. Anticommunists on the right worked to rein in the supposedly dictatorial ambitions of the Roosevelt administration, while New Deal liberals divided into several camps: the Popular Front, civil liberties activists, and embryonic Cold Warriors who struggled with how to respond to communist espionage in Washington and communist influence in politics more broadly.
Rigorous in its scholarship yet accessible to a wide audience, Goodall's masterful study shows how opposition to radicalism became a defining ideological question of American life.
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