front cover of Against the Law
Against the Law
Paul F. Campos, Pierre Schlag, and Steven D. Smith
Duke University Press, 1996
A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion—an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception.
Linked by a persistent inquiry into the nature and identity of “the law,” these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value—that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented.
In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
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front cover of Archaeology, History, and Predictive Modeling
Archaeology, History, and Predictive Modeling
Research at Fort Polk, 1972-2002
David G. Anderson and Steven D. Smith
University of Alabama Press, 2003
Allows scholars to more easily examine the record of human activity over the past 13,000 or more years in this part of western Louisiana and adjacent portions of east Texas

Fort Polk Military Reservation encompasses approximately 139,000 acres in western Louisiana 40 miles southwest of Alexandria. As a result of federal mandates for cultural resource investigation, more archaeological work has been undertaken there, beginning in the 1970s, than has occurred at any other comparably sized area in Louisiana or at most other localities in the southeastern United States. The extensive program of survey, excavation, testing, and large-scale data and artifact recovery, as well as historic and archival research, has yielded a massive amount of information. While superbly curated by the U.S. Army, the material has been difficult to examine and comprehend in its totality.

With this volume, Anderson and Smith collate and synthesize all the information into a comprehensive whole. Included are previous investigations, an overview of local environmental conditions, base military history and architecture, and the prehistoric and historic cultural sequence. An analysis of location, environmental, and assemblage data employing a sample of more than 2,800 sites and isolated finds was used to develop a predictive model that identifies areas where significant cultural resources are likely to occur. Developed in 1995, this model has already proven to be highly accurate and easy to use.

Archaeology, History, and Predictive Modeling will allow scholars to more easily examine the record of human activity over the past 13,000 or more years in this part of western Louisiana and adjacent portions of east Texas. It will be useful to southeastern archaeologists and anthropologists, both professional and amateur.
 
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front cover of The Battles of Fort Watson and Fort Motte, 1781
The Battles of Fort Watson and Fort Motte, 1781
Steven D. Smith
Westholme Publishing, 2024
On May 9, 1781, American general Nathanael Greene and his Continental army were outside of British-held Camden, South Carolina. Greene was despondent and contemplating resigning his commission, believing he could not force the British out of the fortified village. His compatriot Francis Marion, standing before Fort Motte forty miles to the south, was also in the same mood, informing Greene that he was frustrated by the militia, and he was going to resign after the fort’s capture. The next day, Lord Francis Rawdon, commander of the Camden garrison and all British field forces in South Carolina, abandoned that backcountry village. Marion would capture Fort Motte two days later. In The Battles of Fort Watson and Fort Motte, 1781, the latest in the Small Battles Series, historian and archaeologist Steven D. Smith relates the history of four critical weeks from April 12 until May 12, 1781, in which the tide of the Southern Campaign of the Revolutionary War turned in favor of the Americans. The book focuses on General Francis Marion’s and Colonel Henry Lee’s capture of two key British forts, Fort Watson and Fort Motte, coordinating with Nathanael Greene in retaking the South Carolina backcountry. These posts defended the supply line between Charleston and the British-occupied villages of Camden and Ninety Six. Although there would be much more fighting to do, once the two forts were lost, the British had to abandon the backcountry or starve. The British would never again be on the strategic offensive and were confined to the Charleston environs until they abandoned the city in December 1782. The story of the capture of the forts is enhanced and enlightened by the findings of archaeological investigation at each site—and even mythology, such as Mrs. Motte providing the fire arrows used to burn her fortified house—which are seamlessly integrated into the account, providing a unique perspective on these important events during the Southern Campaign. 
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front cover of The Disenchantment of Secular Discourse
The Disenchantment of Secular Discourse
Steven D. Smith
Harvard University Press, 2010

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.”

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front cover of Law’s Quandary
Law’s Quandary
Steven D. Smith
Harvard University Press, 2004

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.

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front cover of Partisans, Guerillas, and Irregulars
Partisans, Guerillas, and Irregulars
Historical Archaeology of Asymmetric Warfare
Edited by Steven D. Smith and Clarence R. Geier
University of Alabama Press, 2019

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.
 

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front cover of The Rise and Decline of American Religious Freedom
The Rise and Decline of American Religious Freedom
Steven D. Smith
Harvard University Press, 2014

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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