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How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political.

To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.

What kind of property is art? Is it property at all? Jordanna Bailkin's The Culture of Property offers a new historical response to these questions, examining ownership disputes over art objects and artifacts during the crisis of liberalism in the United Kingdom. From the 1870s to the 1920s, Britons fought over prized objects from ancient gold ornaments dug up in an Irish field to a portrait of the Duchess of Milan at the National Gallery in London. They fought to keep these objects in Britain, to repatriate them to their points of origin, and even to destroy them altogether. Bailkin explores these disputes in order to investigate the vexed status of property within modern British politics as well as the often surprising origins of ongoing institutional practices. Bailkin's detailed account of these struggles illuminates the relationship between property and citizenship, which has constituted the heart of liberal politics as well as its greatest weakness.

Drawing on court transcripts, gallery archives, exhibition reviews, private correspondence—and a striking series of cartoons and photographs—The Culture of Property traverses the history of gender, material culture, urban life, colonialism, Irish and Scottish nationalism, and British citizenship. This fascinating book challenges recent scholarship in museum studies in light of ongoing culture wars. It should be required reading for cultural policy makers, museum professionals, and anyone interested in the history of art and Britain.

We commonly think of the psychedelic sixties as an explosion of creative energy and freedom that arose in direct revolt against the social restraint and authoritarian hierarchy of the early Cold War years. Yet, as Fred Turner reveals in The Democratic Surround, the decades that brought us the Korean War and communist witch hunts also witnessed an extraordinary turn toward explicitly democratic, open, and inclusive ideas of communication and with them new, flexible models of social order. Surprisingly, he shows that it was this turn that brought us the revolutionary multimedia and wild-eyed individualism of the 1960s counterculture.

In this prequel to his celebrated book From Counterculture to Cyberculture, Turner rewrites the history of postwar America, showing how in the 1940s and ’50s American liberalism offered a far more radical social vision than we now remember. Turner tracks the influential mid-century entwining of Bauhaus aesthetics with American social science and psychology. From the Museum of Modern Art in New York to the New Bauhaus in Chicago and Black Mountain College in North Carolina, Turner shows how some of the most well-known artists and intellectuals of the forties developed new models of media, new theories of interpersonal and international collaboration, and new visions of an open, tolerant, and democratic self in direct contrast to the repression and conformity associated with the fascist and communist movements. He then shows how their work shaped some of the most significant media events of the Cold War, including Edward Steichen’s Family of Man exhibition, the multimedia performances of John Cage, and, ultimately, the psychedelic Be-Ins of the sixties. Turner demonstrates that by the end of the 1950s this vision of the democratic self and the media built to promote it would actually become part of the mainstream, even shaping American propaganda efforts in Europe.

Overturning common misconceptions of these transformational years, The Democratic Surround shows just how much the artistic and social radicalism of the sixties owed to the liberal ideals of Cold War America, a democratic vision that still underlies our hopes for digital media today.

Hayek gives the main arguments for the free-market case and presents his manifesto on the "errors of socialism." Hayek argues that socialism has, from its origins, been mistaken on factual, and even on logical, grounds and that its repeated failures in the many different practical applications of socialist ideas that this century has witnessed were the direct outcome of these errors. He labels as the "fatal conceit" the idea that "man is able to shape the world around him according to his wishes."

"The achievement of The Fatal Conceit is that it freshly shows why socialism must be refuted rather than merely dismissed—then refutes it again."—David R. Henderson, Fortune.

"Fascinating. . . . The energy and precision with which Mr. Hayek sweeps away his opposition is impressive."—Edward H. Crane, Wall Street Journal

F. A. Hayek is considered a pioneer in monetary theory, the preeminent proponent of the libertarian philosophy, and the ideological mentor of the Reagan and Thatcher "revolutions."

The Reagan and Thatcher "revolutions." The collapse of  Eastern Europe dramatically captured in the tearing down of  the Berlin Wall. F. A. Hayek, "grand old man of capitalism" and founder of the classical liberal, free-market revival which ignited and inspired these world events, forcefully predicted their occurrence in writings such as The Road to Serfdom, first published in 1944.

Hayek's well-known social and political philosophy—in particular his long-held pessimistic view of the prospects of socialism, irrefutably vindicated by the recent collapse of the Eastern bloc—is fully grounded in the Austrian approach to economics. In this new collection, Hayek traces his intellectual roots to the Austrian school, the century-old tradition founded at the University of Vienna by Carl Menger, and links it to the modern rebirth of classical liberal or libertarian thought.

As Hayek reminds us, the cornerstone of modern economics—the theory of value and price—"represents a consistent continuation of the fundamental principles handed down by the Vienna school." Here, in this first modern collection of essays on the Austrian school by one of its preeminent figures, is the genesis of this tradition and its place in intellectual history.

Reflections on Hayek's days as a young economic theorist in Vienna, his opening address to the inaugural meeting of the Mont Pèlerin Society, and essays on former teachers and other leading figures in the Austrian school are included in volume 4. Two hitherto unavailable memoirs, "The Economics of the 1920s as Seen from Vienna," published here for the first time, and "The Rediscovery of Freedom: Personal Recollections," available for the first time in English, make this collection invaluable for Hayek scholars.

Hayek's writings continue to provide an invaluable education in a subject which is nothing less than the development of the modern world.

The long era of liberal reform that began with the Progressive movement of the early twentieth century and continued with the New Deal, culminated in the 1960s with Lyndon Johnson's Great Society. Inspired by the example of his mentor, Franklin Roosevelt, Johnson sought to extend the agenda of the New Deal beyond the realm of economic security to civil rights, housing, education, and health care. In the end, however, his bold ambitions for a Great Society, initiated against the backdrop of an increasingly costly and divisive war, fueled a conservative backlash and undermined faith in liberalism itself.

In this volume of original essays, a distinguished group of scholars and activists reassess the mixed legacy of this third major reform period of the last century. They examine not only the policies and programs that were part of LBJ's Great Society, but also the underlying ideological and political shifts that changed the nature of liberalism. Some of the essays focus on Lyndon Johnson himself and the institution of the modern presidency, others on specific reform measures, and still others on the impact of these initiatives in the decades that followed. Perspectives, methodologies, and conclusions differ, yet all of the contributors agree that the Great Society represented an important chapter in the story of the American republic and its ongoing struggle to reconcile the power of the state with the rights of individuals—a struggle that has continued into the twenty-first century.

In addition to the editors, contributors include Henry J. Abraham, Brian Balogh, Rosalyn Baxandall, Edward Berkowitz, Eileen Boris, Richard A. Cloward, Hugh Davis Graham, Hugh Heclo, Frederick Hess, William E. Leuchtenburg, Nelson Lichtenstein, Patrick McGuinn, Wilson Carey McWilliams, R. Shep Melnick, Frances Fox Piven, and David M. Shribman.

In The Growth of the Liberal Soul, David Walsh confronts a core difficulty of the liberal democratic tradition in explaining and justifying itself. Acknowledging the incompleteness of liberal order as a theoretical explication of its underlying beliefs, Walsh analyzes contemporary debates about the foundations of liberal democratic politics. The widespread abandonment of the search for foundations by John Rawls, Richard Rorty, Michael Oakeshott, and the deconstructionists has been interpreted as signifying the absence of any sustaining inner resources. The result has been the confusion of contemporary liberal democratic self-understanding, which cannot make sense of its own extraordinary historical success nor apparently prevent the evident unraveling of its own moral code. It is this state of crisis from which Walsh's study takes its point of departure.

Unique in combining contemporary political relevance with historical depth, The Growth of the Liberal Soul brings together two approaches that are often treated separately. Walsh elaborates on the existential core of the liberal political tradition by way of an investigation of the historical sources and the raging contemporary debates.

While many scholars have been content to call attention to the dependence of liberal politics on transcendent faith, Walsh studies the progress of experiential reality by which that connection is concretely effected in life. The Growth of the Liberal Soul will be of interest to all readers, especially those interested in the relationship between religion and politics.

In this uniquely interdisciplinary work, Lisa Lowe examines the relationships between Europe, Africa, Asia, and the Americas in the late eighteenth- and early nineteenth- centuries, exploring the links between colonialism, slavery, imperial trades and Western liberalism. Reading across archives, canons, and continents, Lowe connects the liberal narrative of freedom overcoming slavery to the expansion of Anglo-American empire, observing that abstract promises of freedom often obscure their embeddedness within colonial conditions. Race and social difference, Lowe contends, are enduring remainders of colonial processes through which “the human” is universalized and “freed” by liberal forms, while the peoples who create the conditions of possibility for that freedom are assimilated or forgotten. Analyzing the archive of liberalism alongside the colonial state archives from which it has been separated, Lowe offers new methods for interpreting the past, examining events well documented in archives, and those matters absent, whether actively suppressed or merely deemed insignificant. Lowe invents a mode of reading intimately, which defies accepted national boundaries and disrupts given chronologies, complicating our conceptions of history, politics, economics, and culture, and ultimately, knowledge itself.

The Life and Times of Richard J. Hughes explores the influential public service of this two-term New Jersey governor. He was the only person in New Jersey history to serve as both governor and chief justice of the New Jersey Supreme Court.

This biography illuminates the governor's accomplishments between 1962 and 1970, including the creation of the Hackensack Meadowlands Commission, formation of the county college system, establishment of stringent antipollution laws, design of the public defender system, and the adoption of a New Jersey sales tax, as well as his pivotal role during the Newark riots. As chief justice, Hughes faced difficult issuesùschool funding, low and moderate income housing needs, freedom of speech, and his decision in the rightto-die case involving Karen Ann Quinlan. With a career characterized by liberal activism, Hughes also contributed nationally and internationally, from serving as host of the 1964 Democratic National Convention to monitoring elections in South Vietnam.

John B. Wefing's research includes interviews with prominent politicians and leaders who worked with Hughes at various points in his career. The result is a rich story of a public servant who possessed a true ability to work with members of both political parties and played a significant role in shaping modern New Jersey.

The Lost Soul of American Politics is a provocative new interpretation of American political thought from the Founding Fathers to the Neo-Conservatives. Reassessing the motives and intentions of such great political thinkers as Madison, Thoreau, Lincoln, and Emerson, John P. Diggins shows how these men struggled to create an alliance between the politics of self-interest and a religious sense of moral responsibility—a tension that still troubles us today.

To many, Newark seems a profound symbol of postwar liberalism’s failings: an impoverished, deeply divided city where commitments to integration and widespread economic security went up in flames during the 1967 riots. While it’s true that these failings shaped Newark’s postwar landscape and economy, as Mark Krasovic shows, that is far from the whole story.

The Newark Frontier shows how, during the Great Society, urban liberalism adapted and grew, defining itself less by centralized programs and ideals than by administrative innovation and the small-scale, personal interactions generated by community action programs, investigative commissions, and police-community relations projects. Paying particular attention to the fine-grained experiences of Newark residents, Krasovic reveals that this liberalism was rooted in an ethic of experimentation and local knowledge. He illustrates this with stories of innovation within government offices, the dynamic encounters between local activists and state agencies, and the unlikely alliances among nominal enemies. Krasovic makes clear that postwar liberalism’s eventual fate had as much to do with the experiments waged in Newark as it did with the violence that rocked the city in the summer of 1967.

Drawing on deconstruction, postcolonial theory, cultural studies, and subaltern studies, The Other Side of the Popular is as much a reflection on the limitations and possibilities for thinking about the politics of Latin American culture as it is a study of the culture itself. Gareth Williams pays particular attention to the close relationship between complex cultural shifts and the development of the neoliberal nation-state. The modern Latin American nation, he argues, was built upon the idea of "the people," a citizenry with common interests transcending demographic and cultural differences. As nations have weakened in relation to the global economy, this moment—of the popular as the basis of nation-building—has passed, causing seismic shifts in the relationships between governments and cultural formations. Williams asserts that these changed relationships necessitate the rethinking of fundamental concepts such as "the popular" and "the nation." He maintains that the perspective of subalternity is vital to this theoretical project because it demands the reimagining of the connections between critical reason and its objects of analysis.

Williams develops his argument through studies of events highlighting Latin America’s uneasy, and often violent, transition to late capitalism over the past thirty years. He looks at the Chiapas rebellion in Mexico, genocide in El Salvador, the Sendero in Peru, Chile’s and Argentina’s transitions to democratic governments, and Latin Americans’ migration northward. Williams also reads film, photography, and literary works, including Ricardo Piglia’s The Absent City and the statements of a young Salvadoran woman, the daughter of ex-guerrilleros, living in South Central Los Angeles.

The Other Side of the Popular is an incisive interpretation of Latin American culture and politics over the last few decades as well as a thoughtful meditation on the state of Latin American cultural studies.

How did we get into this mess? Every morning, many Americans ask this as, with a cringe, they pick up their phones and look to see what terrible thing President Trump has just said or done. Regardless of what he’s complaining about or whom he’s attacking, a second question comes hard on the heels of the first: How on earth do we get out of this?
 
Alan Wolfe has an answer. In The Politics of Petulance he argues that the core of our problem isn’t Trump himself—it’s that we are mired in an age of political immaturity. That immaturity is not grounded in any one ideology, nor is it a function of age or education. It’s in an abdication of valuing the character of would-be leaders; it’s in a failure to acknowledge, even welcome the complexity of government and society; and it’s in a loss of the ability to be skeptical without being suspicious. In 2016, many Americans were offered tantalizingly simple answers to complicated problems, and, like children being offered a lunch of Pop Rocks and Coke, they reflexively—and mindlessly—accepted.
 
The good news, such as it is, is that we’ve been here before. Wolfe reminds us that we know how to grow up and face down Trump and other demagogues. Wolfe reinvigorates the tradition of public engagement exemplified by midcentury intellectuals such as Richard Hofstadter, Reinhold Niebuhr, and Lionel Trilling—and he draws lessons from their battles with McCarthyism and conspiratorial paranoia. Wolfe mounts a powerful case that we can learn from them to forge a new path for political intervention today.
 
Wolfe has been thinking and writing about American life and politics for decades. He sees this moment as one of real risk. But he’s not throwing up his hands; he’s bracing us. We’ve faced demagogues before. We can find the intellectual maturity to fight back. Yes we can.
 

The Revival of Labor Liberalism is a careful analysis of the twentieth-century decline of the labor-liberal coalition and the important efforts to revive their political fortunes. Andrew Battista chronicles the efforts of several new political organizations that arose in the 1970s and 1980s with the goal of reuniting unions and liberals. Drawing from extensive documentary research and in-depth interviews with union leaders and political activists, Battista shows that the new organizations such as the Progressive Alliance, Citizen Labor Energy Coalition, and National Labor Committee made limited but real progress in reconstructing and strengthening the labor-liberal coalition. Although the labor-liberal alliance remained far weaker than the rival business-conservative alliance, Battista illuminates that it held a crucial role in labor and political history after 1968. Focuses on a fraught but evolving partnership, Battista provides a broad analysis of factional divisions among both unions and liberals and considers the future of unionism and the labor-liberal coalition in America.

Surveying a wide range of cultural controversies, from the Mapplethorpe affair to Salman Rushdie's death sentence, from canon-revision in the academy to the scandals that have surrounded Anthony Blunt, Martin Heidegger, and Paul de Man, Wendy Steiner shows that the fear and outrage they inspired are the result of dangerous misunderstanding about the relationship between art and life.

"Stimulating. . . . A splendid rebuttal of those on the left and right who think that the pleasures induced by art are trivial or dangerous. . . . One of the most powerful defenses of the potentiality of art."—Andrew Delbanco, New York Times Book Review

"A concise and . . . readable account of recent contretemps that have galvanized the debate over the role and purposes of art. . . . [Steiner] writes passionately about what she believes in."—Michiko Kakutani, New York Times

"This is one of the few works of cultural criticism that is actually intelligible to the nonspecialist reader. . . . Steiner's perspective is fresh and her perceptions invariably shrewd, far-ranging, and reasonable. A welcome association of sense and sensibility."—Kirkus Reviews, starred review

"Steiner has succeeded so well in [the] task she has undertaken. The Scandal of Pleasure is itself characterized by many of the qualities Steiner demans of art, among them, complexity, tolerance and the pleasures of unfettered thought."—Eleanor Heartly, Art in America

"Steiner . . . provides the best and clearest short presentation of each of [the] debates."—Alexander Nehamas, Boston Book Review

"Steiner has done a fine job as a historian/reporter and as a writer of sophisticated, very clear, cultural criticism. Her reportage alone would be enough to make this a distinguished book."—Mark Edmundson, Lingua Franca

No longer the dreary sheep farm at the end of the world, the New Zealand of the new millennium is a hot global ticket, heralded for its bicultural dynamism, laid-back lifestyle, and scenery extraordinary enough to pass for Tolkien’s Middle Earth. How this image was crafted is the story The Tourist State tells. In a series of narratives that address the embodied dimensions of biopolitics and explore the collision of race, performance, and the cultural poetics of the state, Margaret Werry exposes the real drama behind the new New Zealand, revealing how a nation was sold to the world—and to itself.

The story stretches back to the so-called Liberal Era at the beginning of the twentieth century, in which the young settler colony touted itself as the social laboratory of the world. Focusing on where tourism and liberal governmentality coincide, The Tourist State takes us from military diplomacy at the dawn of the American Pacific to the exotic blandishments of Broadway and Coney Island, from landscape preservation to health reform and town planning, from blockbuster film to knowledge economy policy.

Weaving together interpretive history, performance ethnography, and cultural criticism, Werry offers new ways to think about race and indigeneity—and about the role of human agency in state-making.

In The Unvarnished Doctrine, Steven M. Dworetz addresses two critical issues in contemporary thinking on the American Revolution—the ideological character of this event, and, more specifically, the relevance of "America’s Philosopher, the Great Mr. Locke," in this experience. Recent interpretations of the American revolution, particularly those of Bailyn and Pocock, have incorporated an understanding of Locke as the moral apologist of unlimited accumulation and the original ideological crusader for the "spirit of capitalism," a view based largely on the work of theorists Leo Strauss and C. B. Macpherson. Drawing on an examination of sermons and tracts of the New England clergy, Dworetz argues that the colonists themselves did not hold this conception of Locke. Moreover, these ministers found an affinity with the principles of Locke’s theistic liberalism and derived a moral justification for revolution from those principles. The connection between Locke and colonial clergy, Dworetz maintains, constitutes a significant, radicalizing force in American revolutionary thought.

"A lucid, innovative work of top-flight scholarship. Gross shows us the depths of anti-Catholicism in nineteenth-century Germany; he explains why the German Kulturkampf had such force and why prominent liberals imagined it as a turning point not only in Germany but in world history."
---Helmut Walser Smith, Vanderbilt University

"A marvelously original account of how the Kulturkampf emerged from the cultural, social, and gendered worlds of German liberalism. While not neglecting the 1870s, Gross's analysis directs historians' attention to the under-researched 1850s and 1860s-decades in which liberals' anti-Catholic arguments were formulated against a backdrop of religious revival, democratic innovation, national ambition, and the articulation of new roles for women in society, politics, and the church. The drama of these decades resonates in every chapter of Gross's fine study."
---James Retallack, University of Toronto

"Michael Gross has put the culture back into the Kulturkampf! Integrating social and political analysis with illuminating interpretations of visual and linguistic evidence, Gross explores the work of religious cleavage in defining German national identity. An emerging women's movement, liberal virtues, and Catholic difference come together to explain why, in a century of secularization, Germany's Catholics experienced a religious revival, and why its liberals responded with enmity and frustration. Vividly written and a pleasure to read, this groundbreaking study offers real surprises."
---Margaret Lavinia Anderson, University of California, Berkeley


An innovative study of the relationship between the two most significant, equally powerful, and irreconcilable movements in Germany, Catholicism and liberalism, in the decades following the 1848 Revolution.

After the defeat of liberalism in the Revolution of 1848, and in the face of the dramatic revival of popular Catholicism, German middle-class liberals used anti-Catholicism to orient themselves culturally in a new age. Michael B. Gross's study shows how anti-Catholicism and specifically the Kulturkampf, the campaign to break the power of the Catholic Church, were not simply attacks against the church nor were they merely an attempt to secure state autonomy. Gross shows that the liberal attack on Catholicism was actually a complex attempt to preserve moral, social, political, and sexual order during a period of dramatic pressures for change.

Gross argues that a culture of anti-Catholicism shaped the modern development of Germany including capitalist economics, industrial expansion, national unification, and gender roles. He demonstrates that images of priests, monks, nuns, and Catholics as medieval, backward, and sexually deviant asserted the liberal middle-class claim to social authority after the Revolution of 1848. He pays particular attention to the ways anti-Catholicism, Jesuitphobia, and antimonastic hysteria were laced with misogyny and expressed deeper fears of mass culture and democracy in the liberal imagination. In doing so, he identifies the moral, social, and cultural imperatives behind the Kulturkampf in the 1870s.

By offering a provocative reinterpretation of liberalism and its relationship to the German anti-Catholic movement, this work ultimately demonstrates that in Germany, liberalism itself contributed to a culture of intolerance that would prove to be a serious liability in the twentieth century. It will be of particular interest to students and scholars of culture, ideology, religion, and politics.