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A study that challenges our notions about citizenship and judgment by considering the place of children in historical and contemporary legal discourse.

Many of the most controversial political issues of our time focus on the actions and well-being of children such as Greta Thunberg’s climate movement; youth activists standing up for racial justice, safe schools, and an equitable economy; and the furor over separating migrant children from their families. When do we treat children as competent citizens, when do we treat them as dependents in need of protection, and why?

The Child before the Court: Judgment, Citizenship, and the Constitution provides answers to these foundational questions. It analyzes landmark US Supreme Court cases involving children’s free speech and due process rights and argues that our ideas about civic and legal judgment are deeply contested concepts instead of simple character traits. These cases serve as analytic touchstones for these problems, and the Court’s opinions seemingly articulate clear rules through a pragmatic balancing of interests.

Timothy Barouch shows how these cases continually reshape constitutional thought, breaking from a vocabulary of wardship and recasting the child as a liberal individual. He analyzes these legal opinions as judicial novelizations and focuses on their rhetorical markers: the range of tropes, idioms, figures, and arguments that emerge across nearly two centuries of jurisprudence in this important but oft-neglected area. The careful and subtle readings of these cases demonstrate how judicial representations of the child provide key resources for thinking about the child as citizen and, more broadly, citizenship itself. It serves as a bold call to think through the relationship between the liberal individual and the problem of civic judgment as it manifests in public culture in a wide array of contexts at a time when liberal democracy is under siege.
 

Ryan Hendrickson examines the behavior of the Clinton administration and Congress in dealing with the range of American military operations that occurred during the Clinton presidency. He uses a case-study approach, laying out the foreign background and domestic political controversies in separate chapters on Somalia, Haiti, Bosnia, Kosovo, and Iraq. Of special interest after the World Trade Center attacks is the chapter "Terrorism: Usama Bin Laden."

The author analyzes a number of factors that influence the domestic decision-making process. We see the president relying on congressional consultation and approval during periods of political or personal weakness, and, conversely, in better times we see a president with a freer hand. Also influential is the ability of the public to comprehend and support the reasons for a particular action, with troops in Bosnia requiring more explanation than cruise missiles over Baghdad. Consideration is given to the relevance and effectiveness of the War Powers Resolution of 1973, a Watergate-era attempt by Congress to restore what it perceived to be its legitimate constitutional role in the decision to use force abroad.

This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.

The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival. 

Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.

From the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies.

The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty.

Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.

The first English translation of Foucault’s previously lost master’s thesis, itself an original contribution to the study of Hegel’s philosophy.

On June 11, 1949, a twenty-three-year-old Michel Foucault defended his master’s thesis in philosophy at the Sorbonne entitled The Constitution of a Historical Transcendental in Hegel’s “Phenomenology of Spirit.” Long considered a lost holy grail of French philosophy, the thesis was only recently rediscovered, and it is presented here in English for the first time. 

In his master’s thesis, Foucault offers an original reading of Hegel that understands “absolute knowing,” the famous but enigmatic final figure of experience in the Phenomenology, as inextricably bound to time, language, and historical experience. Indeed, readers will discover how many of Foucault’s famous later concepts—the historical a priori, the episteme, and the limit-experience—are intimately rooted in his early, intense engagement with Hegel’s philosophy.

An introduction and critical apparatus provided by Hegel scholar Christophe Bouton traces previously unknown connections between the thesis and Foucault’s later masterpieces, particularly History of Madness and The Order of Things. Introducing a fundamental shift in our understanding of Foucault’s intellectual trajectory, this book is an essential text for anyone interested in Foucault, Hegel, and the dramatic evolution of twentieth-century continental philosophy.

The founding of the United States after the American Revolution was so deliberate, so inspired, and so monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. Recognizing the artificial nature of the state, these early politicians believed the culture of a people should inform the development of their governing rules and bodies. Eric Slauter explores these central ideas in this extensive and novel account of the origins and meanings of the Constitution of the United States. Slauter uncovers the hidden cultural histories upon which the document rests, highlights the voices of ordinary people, and considers how the artifice of the state was challenged in its effort to sustain inalienable natural rights alongside slavery and to achieve political secularization at a moment of growing religious expression.

A complement to classic studies of the Constitution’s economic, ideological, and political origins, The State as a Work of Art sheds new light on the origins of the Constitution and on ongoing debates over its interpretation.