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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume—written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists—investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory.
Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.
This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.

Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.  

Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.

Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.

Thoroughly grounded in the latest scholarly literature, theoretical sources, and experimental results, Legacy and Legitimacy substantially advances understanding of Black Americans’ attitudes toward the Supreme Court, the Court’s ability to influence Blacks’ opinions about the legitimacy of public institutions and policies, and the role of media in shaping Blacks’ judgments.

Drawing on legitimacy theory—which explains the acceptance of or tolerance for controversial policies—the authors begin by reexamining the significance of “diffuse support” in establishing legitimacy. They provide a useful overview of the literature on legitimacy and a concise history of the special relationship between Blacks and the Court. They investigate the influences of group attitudes and media “framing.” And they employ data from large-scale surveys to show that Blacks with greater levels of diffuse support for the Court are more likely to adopt positions consistent with Court rulings.

With its broad scope and inclusion of new experimental findings, Legacy and Legitimacy will interest students and scholars of judicial politics, racial politics, media and politics, black studies and public opinion.

Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society.

Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust

Though privately controlled, foundations perform essential roles that serve society at large. They spearhead some of the world's largest and most innovative initiatives in science, health, education, and the arts, fulfilling important needs that could not be addressed adequately in the marketplace or the public sector. Still, many people have little understanding of what foundations do and how they continue to earn public endorsement. The Legitimacy of Philanthropic Foundations provides a thorough examination of why foundations exist and the varied purposes they serve in contemporary democratic societies. The Legitimacy of Philanthropic Foundations looks at foundations in the United States and Europe to examine their relationship to the state, the market, and civil society. Peter Frumkin argues that unlike elected officials, who must often shy away from topics that could spark political opposition, and corporate officers, who must meet bottom-line priorities, foundations can independently tackle sensitive issues of public importance. Kenneth Prewitt argues that foundations embody elements of classical liberalism, such as individual autonomy and limited government interference in private matters and achieve legitimacy by putting private wealth to work for the public good. Others argue that foundations achieve legitimacy by redistributing wealth from the pockets of rich philanthropists to the poor. But Julian Wolpert finds that foundations do not redistribute money directly to the poor as much as many people believe. Instead, many foundations focus their efforts on education, health, and scientific research, making investments that benefit society in the long-term, and focusing on farsighted issues that a myopic electorate would not have patience to permit its government to address. Originating from private fortunes but working for the public good, independently managed but subject to legal prescriptions, philanthropic foundations occupy a unique space somewhere between the public and private sectors. The Legitimacy of Philanthropic Foundations places foundations in a broad social and historical context, improving our understanding of one of society's most influential—and least understood—organizational forms.

Street gangs are a major concern for residents in many inner-city communities. However, gangs’ secretive and, at times, delinquent tendencies limit most people’s exposure to the realities of gang life. Based on eighteen months of qualitative research on the streets of Indianapolis, Real Gangstas provides a unique and intimate look at the lives of street gang members as they negotiate a dangerous peer environment in a major midwestern city.

Timothy R. Lauger interviewed and observed a mix of fifty-five gang members, former gang members, and non-gang street offenders. He spent much of his fieldwork time in the company of a particular gang, the “Down for Whatever Boyz,” who allowed him to watch and record many of their day-to-day activities and conversations. Through this extensive research, Lauger is able to understand and explain the reasons for gang membership, including a chaotic family life, poverty, and the need for violent self-assertion in order to foster the creation of a personal identity.

Although the book exposes many troubling aspects of gang life, it is not a simple descriptive or a sensationalistic account of urban despair and violence. Steeped in the tradition of analytical ethnography, the study develops a central theoretical argument: combinations of street gangs within cities shape individual gang member behavior within those urban settings. Within Indianapolis, members of rival gangs interact on a routine basis within an ambiguous and unstable environment. Participants believe that many of their contemporaries claiming gang affiliations are not actually “real” gang members, but instead are imposters who gain access to the advantages of gang membership through fraud and pretense. Consequently, the ability to discern “real” gang members—or to present oneself successfully as a real gang member—is a critical part of gangland Indianapolis.

Real Gangstas offers an objective and fair characterization of active gang members,  successfully balancing the seemingly conflicting idea that they generally seem like normal teenagers, yet are abnormally concerned with—and too often involved in—violence. Lauger takes readers to the edge of an actual gang conflict, providing a rare and up-close look at the troubling processes that facilitate hostility and violence.

Christopher Schroeder spends almost no time disputing David Bartholomae's famous essay, but throughout ReInventing the University, he elaborates an approach to teaching composition that is at odds with the tradition that essay has come to represent.

On the other hand, his approach is also at odds with elements of the pedagogies of such theorists as Berlin, Bizzell, and Shor. Schroeder argues that, for students, postmodern instability in literacy and meaning has become a question of the legitimacy of current discourse of education. Schroeder is committed, then, to constructing literacies jointly with students and by so doing to bringing students to engage more deeply with education and society.

This collection of essays argues that any valid theory of the modern should—indeed must—reckon with the medieval. Offering a much-needed correction to theorists such as Hans Blumenberg, who in his Legitimacy of the Modern Age describes the "modern age" as a complete departure from the Middle Ages, these essays forcefully show that thinkers from Adorno to Žižek have repeatedly drawn from medieval sources to theorize modernity. To forget the medieval, or to discount its continued effect on contemporary thought, is to neglect the responsibilities of periodization.

In The Legitimacy of the Middle Ages, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx’s (medieval) theory of commodity fetishism, Heidegger’s scholasticism, and Adorno’s nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud’s most famous patient, Daniel Paul Schreber, author of Memoirs of My Nervous Illness (1903). Another looks at Michael Hardt and Antonio Negri’s Empire, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career.

Contributors: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel

When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare.

Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it.

This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.