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                "description": "<p>Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics.<br><br><br><br> American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.</p>",
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                "description": "This book represents the first systematic research by a social scientist on the radical right-wing movements in Italy since 1945. During the heyday of right-wing violence between 1969 and 1980, street aggressions, attacks, and murders were commonplace. These bloody episodes were assumed to be the work of fanatical bands of \"political soldiers\" and urban warriors loosely controlled by secret services and other covert groups, which used them as part of a \"strategy of tension\" pursued in domestic and international circles. Franco Ferraresi here acknowledges that these rightist groups were in fact permitted a certain amount of freedom, and even in some cases actually aided, in the hope that revulsion at terrorist tactics would have the effect of mobilizing public opinion in favor of existing political arrangements. However, he also studies the extent to which they operated as autonomous units, while he carefully considers the political heritage, the doctrines, and the ideology that motivated them.With the decline of violent activity on both extremes of the political spectrum in the early 1980s, the theory and practice so comprehensively discussed by Ferraresi seemed to have entered a dormant stage. Ferraresi, however, places in context the recent resurgence of neo-fascist forces in Italy, and of the so-called New Right throughout Europe, together with the rise of fundamentalism in many parts of the world.",
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                "description": "While many have examined how economic interests motivate political action, Bruce Carruthers explores the reverse relationship by focusing on how political interests shape a market. He sets his inquiry within the context of late Stuart England, when an active stock market emerged and when Whig and Tory parties vied for control of a newly empowered Parliament. Carruthers examines the institutional linkage between politics and the market that consisted of three joint-stock companies--the Bank of England, the East India Company, and the South Sea Company--which all loaned large sums to the government and whose shares dominated trading on the stock market. Through innovative research that connects the voting behavior of individuals in parliamentary elections with their economic behavior in the stock market, Carruthers demonstrates that party conflict figured prominently during the company foundings as Whigs and Tories tried to dominate company directorships. For them, the national debt was as much a political as a fiscal instrument.In 1712, the Bank was largely controlled by the Whigs, and the South Sea Company by the Tories. The two parties competed, however, for control of the East India Company, and so Whigs tended to trade shares only with Whigs, and Tories with Tories. Probing such connections between politics and markets at both institutional and individual levels, Carruthers ultimately argues that competitive markets are not inherently apolitical spheres guided by economic interest but rather ongoing creations of social actors pursuing multiple goals.",
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                "description": "In America today, the problem of achieving racial justice--whether through \"color-blind\" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem. Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that \"race\" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various \"essences\" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life. Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy. Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race.",
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                "description": "Moral reform movements claiming to protect children began to emerge in the United States over a century ago, most notably when Anthony Comstock and his supporters crusaded to restrict the circulation of contraception, information on the sexual rights of women, and \"obscene\" art and literature. Much of their rhetoric influences debates on issues surrounding children and sexuality today. Drawing on Victorian accounts of pregnant girls, prostitutes, Free Lovers, and others deemed \"immoral,\" Nicola Beisel argues that rhetoric about the moral corruption of children speaks to an ongoing parental concern: that children will fail to replicate or exceed their parents' social position. The rhetoric of morality, she maintains, is more than symbolic and goes beyond efforts to control mass behavior. For the Victorians, it tapped into the fear that their own children could fall prey to vice and ultimately live in disgrace. In a rare analysis of Anthony Comstock's crusade with the New York and New England Societies for the Suppression of Vice, Beisel examines how the reformer worked on the anxieties of the upper classes. One tactic was to link moral corruption with the flood of immigrants, which succeeded in New York and Boston, where minorities posed a political threat to the upper classes. Showing how a moral crusade can bring a society's diffuse anxieties to focus on specific sources, Beisel offers a fresh theoretical approach to moral reform movements.",
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                "description": "<p>Wyoming became the first American state to adopt female suffrage in 1869--a time when no country permitted women to vote. When the last Swiss canton enfranchised women in 1990, few countries barred women from the polls. Why did pro-suffrage activists in the United States and Switzerland have such varying success? Comparing suffrage campaigns in forty-eight American states and twenty-five Swiss cantons, Lee Ann Banaszak argues that movement tactics, beliefs, and values are critical in understanding why political movements succeed or fail. The Swiss suffrage movement's beliefs in consensus politics and local autonomy and their reliance on government parties for information limited their tactical choices--often in surprising ways. In comparison, the American suffrage movement, with its alliances to the abolition, temperance, and progressive movements, overcame beliefs in local autonomy and engaged in a wider array of confrontational tactics in the struggle for the vote.<br><br>Drawing on interviews with sixty Swiss suffrage activists, detailed legislative histories, census materials, and original archival materials from both countries, Banaszak blends qualitative historical inquiry with informative statistical analyses of state and cantonal level data. The book expands our understanding of the role of political opportunities and how they interact with the beliefs and values of movements and the societies they seek to change.</p>",
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                "description": "John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, \"substantive due process,\" and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict.Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's \"hot button\" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, \"trial by newspaper,\" the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.",
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                "description": "Classical images of state-socialism developed in contemporary social sciences were founded on simple presuppositions. State-socialist regimes were considered to be politically stable due to their pervasive institutional and ideological control over the everyday lives of their citizens, impervious to reform and change, and representative of extreme political and economic dependency. Despite their contrasting historical experiences, they have been treated as basically identical in their institutional design, social and economic structures, and policies. Grzegorz Ekiert challenges this notion in a comparative analysis of the major political crises in post-1945 East Central Europe: Hungary (1956-63), Czechoslovakia (1968-76), and Poland (1980-89). The author maintains that the nature and consequences of these crises can better explain the distinctive experiences of East Central European countries under communist rule than can the formal characteristics of their political and economic systems or their politically dependent status. He explores how political crises reshaped party-state institutions, redefined relations between party and state institutions, altered the relationship between the state and various groups and organizations within society, and modified the political practices of these regimes. He shows how these events transformed cultural categories, produced collective memories, and imposed long-lasting constraints on mass political behavior and the policy choices of ruling elites. These crises shaped the political evolution of the region, produced important cross-national differences among state-socialist regimes, and contributed to the distinctive patterns of their collapse.",
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                "description": "<p>If we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong beliefs and actions versus the good reasons for interfering with the lives of the subjects of these beliefs and actions. This collection contains original contributions to the ongoing debate on the nature of toleration, including its definition, historical development, justification, and limits. In exploring the issues surrounding toleration, the essays address a variety of provocative questions. Is toleration a moral virtue of individuals or rather a pragmatic political compromise? Is it an intrinsically good principle or only a \"second best-solution\" to the dangers of fanaticism to be superseded one day by the full acceptance of others? Does the value of toleration lie in respect to individuals and their autonomy, or rather in the recognition of the right of minority groups to maintain their communal identity? Throughout, the contributors point to the inherent indeterminacy of the concept and to the difficulty in locating it between intolerant absolutism and skeptical pluralism.<br><br>Religion, sex, speech, and education are major areas requiring toleration in liberal societies. By applying theoretical analysis, these essays show the differences in the argument for toleration and its scope in each of these realms. The contributors include Joshua Cohen, George Fletcher, Gordon Graham, Alon Harel, Moshe Halbertal, Barbara Herman, John Horton, Will Kymlicka, Avishai Margalit, David Richards, Thomas Scanlon, and Bernard Williams.</p>",
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                "description": "Throughout the world, politicians are dismantling state enterprises and heaping praise on private markets, while in the United States a new rhetoric of \"citizen empowerment\" links a widespread distrust of government to decentralization and privatization. Here Joel Handler asks whether this restructuring of authority really allows ordinary citizens to take more control of the things that matter in their roles as parents and children, teachers and students, tenants and owners, producers and consumers. Looking at citizens as stakeholders in the modern social welfare state created by the New Deal, he traces the surprising ideological shifts of empowerment from its beginning as a cornerstone of the war on poverty in the 1960s to its central place in conservative market-based voucher schemes for school reform in the 1990s.Handler shows that in the past the gains from decentralization have proved to be more symbol than substance: some disadvantaged members of society will find new opportunities in the changes of the 1990s, but others will simply experience powerlessness under another name. He carefully distinguishes \"empowerment by invitation\" (in special education, worker safety, home health care, public housing tenancy, and neighborhood organizations) from the \"empowerment by conflict\" exemplified by the radical decentralization of the Chicago public schools. What emerges is a map of the major pitfalls and possible successes in the current journey away from a discredited regulatory state.",
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                "description": "<p>During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day.<br><br>American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties.<br><br>As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.</p>",
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                "name": "Strangers to the Constitution",
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                "description": "Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a \"stranger to the Constitution.\"Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of \"illegals\" should be vigilantly preserved.",
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                "description": "As far back as we know, there have been individuals incapacitated by memories that have filled them with sadness and remorse, fright and horror, or a sense of irreparable loss. Only recently, however, have people tormented with such recollections been diagnosed as suffering from \"post-traumatic stress disorder.\" Here Allan Young traces this malady, particularly as it is suffered by Vietnam veterans, to its beginnings in the emergence of ideas about the unconscious mind and to earlier manifestations of traumatic memory like shell shock or traumatic hysteria. In Young's view, PTSD is not a timeless or universal phenomenon newly discovered. Rather, it is a \"harmony of illusions,\" a cultural product gradually put together by the practices, technologies, and narratives with which it is diagnosed, studied, and treated and by the various interests, institutions, and moral arguments mobilizing these efforts. This book is part history and part ethnography, and it includes a detailed account of everyday life in the treatment of Vietnam veterans with PTSD. To illustrate his points, Young presents a number of fascinating transcripts of the group therapy and diagnostic sessions that he observed firsthand over a period of two years. Through his comments and the transcripts themselves, the reader becomes familiar with the individual hospital personnel and clients and their struggle to make sense of life after a tragic war. One observes that everyone on the unit is heavily invested in the PTSD diagnosis: boundaries between therapist and patient are as unclear as were the distinctions between victim and victimizer in the jungles of Southeast Asia.",
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                "name": "The Heart of Altruism",
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                "description": "Is all human behavior based on self-interest? Many social and biological theories would argue so, but such a perspective does not explain the many truly heroic acts committed by people willing to risk their lives to help others. In The Heart of Altruism, Kristen Renwick Monroe boldly lays the groundwork for a social theory receptive to altruism by examining the experiences described by altruists themselves: from Otto, a German businessman who rescued over a hundred Jews in Nazi Germany, to Lucille, a newspaper poetry editor, who, armed with her cane, saved a young girl who was being raped. Monroe's honest and moving interviews with these little-known heroes enable her to explore the causes of altruism and the differences between altruists and other people. By delineating an overarching perspective of humanity shared by altruists, Monroe demonstrates how social theories may begin to account for altruism and debunks the notions of scientific inevitability that stem from an overemphasis on self-interest. As Monroe has discovered, the financial and religious backgrounds of altruists vary greatly--as do their views on issues such as welfare, civil rights, and morality. Altruists do, however, share a certain way of looking at the world: where the rest of us see a stranger, altruists see a fellow human being. It is this perspective that many social theories overlook. Monroe restores altruism to a general theory of ethical political behavior. She argues that to understand what makes one person act out of concern for others and not the self, we need to ask how that individual's perspective sets the range of options he or she finds available.",
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                "description": "In November 1893, Daniel Paul Schreber, recently named presiding judge of the Saxon Supreme Court, was on the verge of a psychotic breakdown and entered a Leipzig psychiatric clinic. He would spend the rest of the nineteenth century in mental institutions. Once released, he published his Memoirs of My Nervous Illness (1903), a harrowing account of real and delusional persecution, political intrigue, and states of sexual ecstasy as God's private concubine. Freud's famous case study of Schreber elevated the Memoirs into the most important psychiatric textbook of paranoia. In light of Eric Santner's analysis, Schreber's text becomes legible as a sort of \"nerve bible\" of fin-de-siecle preoccupations and obsessions, an archive of the very phantasms that would, after the traumas of war, revolution, and the end of empire, coalesce into the core elements of National Socialist ideology. The crucial theoretical notion that allows Santner to pass from the \"private\" domain of psychotic disturbances to the \"public\" domain of the ideological and political genesis of Nazism is the \"crisis of investiture.\" Schreber's breakdown was precipitated by a malfunction in the rites and procedures through which an individual is endowed with a new social status: his condition became acute just as he was named to a position of ultimate symbolic authority. The Memoirs suggest that we cross the threshold of modernity into a pervasive atmosphere of crisis and uncertainty when acts of symbolic investiture no longer usefully transform the subject's self understanding. At such a juncture, the performative force of these rites of institution may assume the shape of a demonic persecutor, some \"other\" who threatens our borders and our treasures. Challenging other political readings of Schreber, Santner denies that Schreber's delusional system--his own private Germany--actually prefigured the totalitarian solution to this defining structural crisis of modernity. Instead, Santner shows how this tragic figure succeeded in avoiding the totalitarian temptation by way of his own series of perverse identifications, above all with women and Jews.",
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