Prominent observers complain that public discourse in America is shallow and unedifying. This debased condition is often attributed to, among other things, the resurgence of religion in public life. Steven Smith argues that this diagnosis has the matter backwards: it is not primarily religion but rather the strictures of secular rationalism that have drained our modern discourse of force and authenticity.
Thus, Rawlsian “public reason” filters appeals to religion or other “comprehensive doctrines” out of public deliberation. But these restrictions have the effect of excluding our deepest normative commitments, virtually assuring that the discourse will be shallow. Furthermore, because we cannot defend our normative positions without resorting to convictions that secular discourse deems inadmissible, we are frequently forced to smuggle in those convictions under the guise of benign notions such as freedom or equality.
Smith suggests that this sort of smuggling is pervasive in modern secular discourse. He shows this by considering a series of controversial, contemporary issues, including the Supreme Court’s assisted-suicide decisions, the “harm principle,” separation of church and state, and freedom of conscience. He concludes by suggesting that it is possible and desirable to free public discourse of the constraints associated with secularism and “public reason.”
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.
The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Essays that explore the growing field of conflict archaeology
Within the last twenty years, the archaeology of conflict has emerged as a valuable subdiscipline within anthropology, contributing greatly to our knowledge and understanding of human conflict on a global scale. Although archaeologists have clearly demonstrated their utility in the study of large-scale battles and sites of conventional warfare, such as camps and forts, conflicts involving asymmetric, guerilla, or irregular warfare are largely missing from the historical record.
Partisans, Guerillas, and Irregulars: Historical Archaeology of Asymmetric Warfare presents recent examples of how historical archaeology can contribute to a better understanding of asymmetric warfare. The volume introduces readers to this growing study and to its historic importance. Contributors illustrate how the wide range of traditional and new methods and techniques of historiography and archaeology can be applied to expose critical actions, sacrifices, and accomplishments of competing groups representing opposing philosophies and ways of life, which are otherwise lost in time.
The case studies offered cover significant events in American and world history, including the French and Indian War, the American Revolution, Indian wars in the Southeast and Southwest, the Civil War, Reconstruction, Prohibition, and World War II. All such examples used here took place at a local or regional level, and several were singular events within a much larger and more complex historic movement. While retained in local memory or tradition, and despite their potential importance, they are poorly, and incompletely addressed in the historic record. Furthermore, these conflicts took place between groups of significantly different cultural and military traditions and capabilities, most taking on a “David vs. Goliath” character, further shaping the definition of asymmetric warfare.
Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from the centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven D. Smith says in this incisive examination of a much-mythologized subject. He makes the case that the American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and freedom of conscience.
Smith maintains that the distinctive American contribution to religious freedom was not in the First Amendment, which was intended merely to preserve the political status quo in matters of religion. What was important was the commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Rather than upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
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