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Gershom Scholem, Mircea Eliade, and Henry Corbin at Eranos

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By the end of World War II, religion appeared to be on the decline throughout the United States and Europe. Recent world events had cast doubt on the relevance of religious belief, and modernizing trends made religious rituals look out of place. It was in this atmosphere that the careers of Scholem, Eliade, and Corbin--the twentieth century's legendary scholars in the respective fields of Judaism, History of Religions, and Islam--converged and ultimately revolutionized how people thought about religion. Between 1949 and 1978, all three lectured to Carl Jung's famous Eranos circle in Ascona, Switzerland, where each in his own way came to identify the symbolism of mystical experience as a central element of his monotheistic tradition. In this, the first book ever to compare the paths taken by these thinkers, Steven Wasserstrom explores how they overturned traditional approaches to studying religion by de-emphasizing law, ritual, and social history and by extolling the role of myth and mysticism. The most controversial aspect of their theory of religion, Wasserstrom argues, is that it minimized the binding character of moral law associated with monotheism. The author focuses on the lectures delivered by Scholem, Eliade, and Corbin to the Eranos participants, but also shows how these scholars generated broader interest in their ideas through radio talks, poetry, novels, short stories, autobiographies, and interviews. He analyzes their conception of religion from a broadly integrated, comparative perspective, sets their distinctive thinking into historical and intellectual context, and interprets the striking success of their approaches.

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Hannah Arendt's rich and varied political thought is more influential today than ever before, due in part to the collapse of communism and the need for ideas that move beyond the old ideologies of the Cold War. As Dana Villa shows, however, Arendt's thought is often poorly understood, both because of its complexity and because her fame has made it easy for critics to write about what she is reputed to have said rather than what she actually wrote. Villa sets out to change that here, explaining clearly, carefully, and forcefully Arendt's major contributions to our understanding of politics, modernity, and the nature of political evil in our century. Villa begins by focusing on some of the most controversial aspects of Arendt's political thought. He shows that Arendt's famous idea of the banality of evil--inspired by the trial of Adolf Eichmann--does not, as some have maintained, lessen the guilt of war criminals by suggesting that they are mere cogs in a bureaucratic machine. He examines what she meant when she wrote that terror was the essence of totalitarianism, explaining that she believed Nazi and Soviet terror served above all to reinforce the totalitarian idea that humans are expendable units, subordinate to the all-determining laws of Nature or History. Villa clarifies the personal and philosophical relationship between Arendt and Heidegger, showing how her work drew on his thought while providing a firm repudiation of Heidegger's political idiocy under the Nazis. Less controversially, but as importantly, Villa also engages with Arendt's ideas about the relationship between political thought and political action. He explores her views about the roles of theatricality, philosophical reflection, and public-spiritedness in political life. And he explores what relationship, if any, Arendt saw between totalitarianism and the "great tradition" of Western political thought. Throughout, Villa shows how Arendt's ideas illuminate contemporary debates about the nature of modernity and democracy and how they deepen our understanding of philosophers ranging from Socrates and Plato to Habermas and Leo Strauss. Direct, lucid, and powerfully argued, this is a much-needed analysis of the central ideas of one of the most influential political theorists of the twentieth century.

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Economy of the Unlost: (Reading Simonides of Keos with Paul Celan)

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(Reading Simonides of Keos with Paul Celan)

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The ancient Greek lyric poet Simonides of Keos was the first poet in the Western tradition to take money for poetic composition. From this starting point, Anne Carson launches an exploration, poetic in its own right, of the idea of poetic economy. She offers a reading of certain of Simonides' texts and aligns these with writings of the modern Romanian poet Paul Celan, a Jew and survivor of the Holocaust, whose "economies" of language are notorious. Asking such questions as, What is lost when words are wasted? and Who profits when words are saved? Carson reveals the two poets' striking commonalities. In Carson's view Simonides and Celan share a similar mentality or disposition toward the world, language and the work of the poet. Economy of the Unlost begins by showing how each of the two poets stands in a state of alienation between two worlds. In Simonides' case, the gift economy of fifth-century b.c. Greece was giving way to one based on money and commodities, while Celan's life spanned pre- and post-Holocaust worlds, and he himself, writing in German, became estranged from his native language. Carson goes on to consider various aspects of the two poets' techniques for coming to grips with the invisible through the visible world. A focus on the genre of the epitaph grants insights into the kinds of exchange the poets envision between the living and the dead. Assessing the impact on Simonidean composition of the material fact of inscription on stone, Carson suggests that a need for brevity influenced the exactitude and clarity of Simonides' style, and proposes a comparison with Celan's interest in the "negative design" of printmaking: both poets, though in different ways, employ a kind of negative image making, cutting away all that is superfluous. This book's juxtaposition of the two poets illuminates their differences--Simonides' fundamental faith in the power of the word, Celan's ultimate despair--as well as their similarities; it provides fertile ground for the virtuosic interplay of Carson's scholarship and her poetic sensibility.

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In the first English-language edition of a general, synthetic history of French Jewry from antiquity to the present, Esther Benbassa tells the intriguing tale of the social, economic, and cultural vicissitudes of a people in diaspora. With verve and insight, she reveals the diversity of Jewish life throughout France's regions, while showing how Jewish identity has constantly redefined itself in a country known for both the Rights of Man and the Dreyfus affair. Beginning with late antiquity, she charts the migrations of Jews into France and traces their fortunes through the making of the French kingdom, the Revolution, the rise of modern anti-Semitism, and the current renewal of interest in Judaism. As early as the fourth century, Jews inhabited Roman Gaul, and by the reign of Charlemagne, some figured prominently at court. The perception of Jewish influence on France's rulers contributed to a clash between church and monarchy that would culminate in the mass expulsion of Jews in the fourteenth century. The book examines the re-entry of small numbers of Jews as New Christians in the Southwest and the emergence of a new French Jewish population with the country's acquisition of Alsace and Lorraine.  The saga of modernity comes next, beginning with the French Revolution and the granting of citizenship to French Jews. Detailed yet quick-paced discussions of key episodes follow: progress made toward social and political integration, the shifting social and demographic profiles of Jews in the 1800s, Jewish participation in the economy and the arts, the mass migrations from Eastern Europe at the turn of the twentieth century, the Dreyfus affair, persecution under Vichy, the Holocaust, and the postwar arrival of North African Jews.  Reinterpreting such themes as assimilation, acculturation, and pluralism, Benbassa finds that French Jews have integrated successfully without always risking loss of identity. Published to great acclaim in France, this book brings important current issues to bear on the study of Judaism in general, while making for dramatic reading.

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The American Labor Market: How It Has Changed and What to Do about It

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We live in an age of economic paradox. The dynamism of America's economy is astounding--the country's industries are the most productive in the world and spin off new products and ideas at a bewildering pace. Yet Americans feel deeply uneasy about their economic future. The reason, Paul Osterman explains, is that our recent prosperity is built on the ruins of the once reassuring postwar labor market. Workers can no longer expect stable, full-time jobs and steadily rising incomes. Instead, they face stagnant wages, layoffs, rising inequality, and the increased likelihood of merely temporary work. In Securing Prosperity, Osterman explains in clear, accessible terms why these changes have occurred and lays out an innovative plan for new economic institutions that promises a more secure future. Osterman begins by sketching the rise and fall of the postwar labor market, showing that firms have been the driving force behind recent change. He draws on original surveys of nearly 1,000 corporations to demonstrate that firms have reorganized and downsized not just for the obvious reasons--technological advances and shifts in capital markets--but also to take advantage of new, team-oriented ways of working. We can't turn the clock back, Osterman writes, since that would strip firms of the ability to compete. But he also argues that we should not simply give ourselves up to the mercies of the market.  Osterman argues that new policies must engage on two fronts: addressing both higher rates of mobility in the labor market and a major shift in the balance of power against employees. To deal with greater mobility, Osterman argues for portable benefits, a stronger Unemployment Insurance system, and new labor market intermediaries to help workers navigate the labor market. To redress the imbalance of power, Osterman assesses the possibilities of reforming corporate governance but concludes the best approach is to promote "countervailing power" through innovative unions and creative strategies for organizing employee voice in communities. Osterman gives life to these arguments with numerous examples of promising institutional experiments.

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Capitalism, Democracy, and Ralph's Pretty Good Grocery

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Democracy is overrated. Capitalism, on the other hand, doesn't get enough credit. In this provocative and engaging book, John Mueller argues that these mismatches between image and reality create significant political and economic problems--inspiring instability, inefficiency, and widespread cynicism. We would be far better off, he writes, if we recognized that neither system is ideal or disastrous and accepted instead the humdrum truth that both are "pretty good." And, to Mueller, that means good enough. He declares that what is true of Garrison Keillor's fictional store "Ralph's Pretty Good Grocery" is also true of democracy and capitalism: if you can't get what you want there, "you can probably get along without it." Mueller begins by noting that capitalism is commonly thought to celebrate greed and to require discourtesy, deceit, and callousness. However, with examples that range from car dealerships and corporate boardrooms to the shop of an eighteenth-century silk merchant, Mueller shows that capitalism in fact tends to reward behavior that is honest, fair, civil, and compassionate. He argues that this gap between image and reality hampers economic development by encouraging people to behave dishonestly, unfairly, and discourteously to try to get ahead and to neglect the virtuous behavior that is an important source of efficiency and gain. The problem with democracy's image, by contrast, is that our expectations are too high. We are too often led by theorists, reformers, and romantics to believe that democracy should consist of egalitarianism and avid civic participation. In fact, democracy will always be chaotic, unequal, and marked by apathy. It offers reasonable freedom and security, but not political paradise. To idealize democracy, Mueller writes, is to undermine it, since the inevitable contrast with reality creates public cynicism and can hamper democracy's growth and development. Mueller presents these arguments with sophistication, wit, and erudition. He combines mastery of current political and economic literature with references to figures ranging from Plato to P. T. Barnum, from Immanuel Kant to Ronald Reagan, from Shakespeare to Frank Capra. Broad in scope and rich in detail, the book will provoke debate among economists, political scientists, and anyone interested in the problems (or non-problems) of modern democracy and capitalism.

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How does a scientist go about solving problems? How do scientific discoveries happen? Why are cold fusion and parapsychology different from mainstream science? What is a scientific worldview? In this lively and wide-ranging book, Gregory Derry talks about these and other questions as he introduces the reader to the process of scientific thinking. From the discovery of X rays and semiconductors to the argument for continental drift to the invention of the smallpox vaccine, scientific work has proceeded through honest observation, critical reasoning, and sometimes just plain luck. Derry starts out with historical examples, leading readers through the events, experiments, blind alleys, and thoughts of scientists in the midst of discovery and invention. Readers at all levels will come away with an enriched appreciation of how science operates and how it connects with our daily lives.

An especially valuable feature of this book is the actual demonstration of scientific reasoning. Derry shows how scientists use a small number of powerful yet simple methods--symmetry, scaling, linearity, and feedback, for example--to construct realistic models that describe a number of diverse real-life problems, such as drug uptake in the body, the inner workings of atoms, and the laws of heredity.

Science involves a particular way of thinking about the world, and Derry shows the reader that a scientific viewpoint can benefit most personal philosophies and fields of study. With an eye to both the power and limits of science, he explores the relationships between science and topics such as religion, ethics, and philosophy. By tackling the subject of science from all angles, including the nuts and bolts of the trade as well as its place in the overall scheme of life, the book provides a perfect place to start thinking like a scientist.

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This is a rare and much-needed book: a concise but comprehensive account of quantum mechanics for popular science readers written by a respected physicist. Sam Treiman--internationally renowned for his work in particle physics--makes quantum mechanics accessible to nonspecialists. Combining mastery of the material with clear, elegant prose and infectious enthusiasm, he conveys the substance, methods, and profound oddities of the field. Treiman begins with an overview of quantum mechanics. He sketches the early development of the field by Einstein, Bohr, Heisenberg, Schrodinger, and others, and he makes clear how the quantum outlook flies in the face of common sense. As he explains, the quantum world is intrinsically probabilistic. For example, a particle is not in general in some particular place at a given instant, nor does it have a definite momentum. According to the Heisenberg uncertainty principle, there is a limit to how well both location and momentum can be specified simultaneously. In addition, particles can move through barriers and otherwise move in regions of space that are forbidden by classical mechanics. If a particle has a choice of different paths, it pursues all of them at once. Particles display wave-like characteristics and waves show particle-like characteristics. Treiman pays special attention to the more fundamental wave outlook and its expression in quantum field theory. He deals here with the remarkable fact that all the particles of a given species are strictly identical, and with the unnerving fact that particles can be created and destroyed. As Treiman introduces us to these and other wonders, he also touches--without resolution--on some of the deep philosophical problems of quantum mechanics, notably how probabilities become facts. Weaving together impeccable and up-to-date science, engaging writing, and a talent for clear explanation honed over Treiman's distinguished career as a physicist and teacher, The Odd Quantum is a remarkable survey of a field that changed the course of modern scientific and philosophical thought.

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Baby Boomers and the Remaking of American Religion

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In large chain bookstores the "religion" section is gone and in its place is an expanding number of topics including angels, Sufism, journey, recovery, meditation, magic, inspiration, Judaica, astrology, gurus, Bible, prophesy, evangelicalism, Mary, Buddhism, Catholicism, and esoterica. As Wade Clark Roof notes, such changes over the last two decades reflect a shift away from religion as traditionally understood to more diverse and creative approaches. But what does this splintering of the religious perspective say about Americans? Have we become more interested in spiritual concerns or have we become lost among trends? Do we value personal spirituality over traditional religion and no longer see ourselves united in a larger community of faith? Roof first credited this religious diversity to the baby boomers in his bestselling A Generation of Seekers (1993). He returns to interview many of these people, now in mid-life, to reveal a generation with a unique set of spiritual values--a generation that has altered our historic interpretations of religious beliefs, practices, and symbols, and perhaps even our understanding of the sacred itself. The quest culture created by the baby boomers has generated a "marketplace" of new spiritual beliefs and practices and of revisited traditions. As Roof shows, some Americans are exploring faiths and spiritual disciplines for the first time; others are rediscovering their lost traditions; others are drawn to small groups and alternative communities; and still others create their own mix of values and metaphysical beliefs. Spiritual Marketplace charts the emergence of five subcultures: dogmatists, born-again Christians, mainstream believers, metaphysical believers and seekers, and secularists. Drawing on surveys and in-depth interviews for over a decade, Roof reports on the religious and spiritual styles, family patterns, and moral vision and values for each of these subcultures. The result is an innovative, engaging approach to understanding how religious life is being reshaped as we move into the next century.

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How can we best forge a theoretical practice that directly addresses the struggles of once-colonized countries, many of which face the collapse of both state and society in today's era of economic reform? David Scott argues that recent cultural theories aimed at "deconstructing" Western representations of the non-West have been successful to a point, but that changing realities in these countries require a new approach. In Refashioning Futures, he proposes a strategic practice of criticism that brings the political more clearly into view in areas of the world where the very coherence of a secular-modern project can no longer be taken for granted. Through a series of linked essays on culture and politics in his native Jamaica and in Sri Lanka, the site of his long scholarly involvement, Scott examines the ways in which modernity inserted itself into and altered the lives of the colonized. The institutional procedures encoded in these modern postcolonial states and their legal systems come under scrutiny, as do our contemporary languages of the political. Scott demonstrates that modern concepts of political representation, community, rights, justice, obligation, and the common good do not apply universally and require reconsideration. His ultimate goal is to describe the modern colonial past in a way that enables us to appreciate more deeply the contours of our historical present and that enlarges the possibility of reshaping it.

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Commercialism and Conflict in Big-Time College Sports

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Big-time college sports embodies the ideals of amateurism and provides an important complement to university education. Or so its apologists would have us believe. As Andrew Zimbalist shows in this unprecedented analysis, college sports is really a massively commercialized industry based on activities that are often irrelevant and even harmful to education. Zimbalist combines groundbreaking empirical research and a talent for storytelling to provide a firm, factual basis for the many arguments that currently rage about the goals, history, structure, incentive system, and legal architecture of college sports. He paints a picture of a system in desperate need of reform and presents bold recommendations to chart a more sensible future.

Zimbalist begins by showing that today's problems are nothing new--that schools have been consumed for more than a century by debates about cheating, commercialism, and the erosion of academic standards. He then takes us into the world of the modern student athlete, explaining the incentives that, for example, encourage star athletes to abandon college for the pros, that create such useless courses as "The Theory of Basketball," and that lead students to ignore classes despite the astronomical odds against becoming a professional athlete. Zimbalist discusses the economic and legal aspects of gender equity in college sports. He assesses the economic impact of television and radio contracts and the financial rewards that come from winning major championships. He examines the often harmful effects of corporate sponsorship and shows that, despite such sponsorship, most schools run their athletic programs at a loss. Zimbalist also considers the relevance of antitrust laws to college sports and asks whether student athletes are ultimately exploited by the system.

Zimbalist's provocative recommendations include eliminating freshman eligibility for sports, restricting coaches' access to "sneaker money" from corporations, and ending the hypocrisy about professionalism by allowing teams to employ a quota of non-students as well as to receive funding from the pro leagues. A mixture of lively anecdotes, hard economic data, cogent arguments, and clear analysis, Unpaid Professionals will revitalize debate about a subject close to the hearts and minds of millions of Americans.

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Democracy and Hindu Nationalism in Modern India

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The rise of strong nationalist and religious movements in postcolonial and newly democratic countries alarms many Western observers. In The Saffron Wave, Thomas Hansen turns our attention to recent events in the world's largest democracy, India. Here he analyzes Indian receptivity to the right-wing Hindu nationalist party and its political wing, the Bharatiya Janata Party (BJP), which claims to create a polity based on "ancient" Hindu culture. Rather than interpreting Hindu nationalism as a mainly religious phenomenon, or a strictly political movement, Hansen places the BJP within the context of the larger transformations of democratic governance in India.

Hansen demonstrates that democratic transformation has enabled such developments as political mobilization among the lower castes and civil protections for religious minorities. Against this backdrop, the Hindu nationalist movement has successfully articulated the anxieties and desires of the large and amorphous Indian middle class. A form of conservative populism, the movement has attracted not only privileged groups fearing encroachment on their dominant positions but also "plebeian" and impoverished groups seeking recognition around a majoritarian rhetoric of cultural pride, order, and national strength. Combining political theory, ethnographic material, and sensitivity to colonial and postcolonial history, The Saffron Wave offers fresh insights into Indian politics and, by focusing on the links between democracy and ethnic majoritarianism, advances our understanding of democracy in the postcolonial world.

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The National Past in Postwar French Cinema

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In Landscapes of Loss, Naomi Greene makes new sense of the rich variety of postwar French films by exploring the obsession with the national past that has characterized French cinema since the late 1960s. Observing that the sense of grandeur and destiny that once shaped French identity has eroded under the weight of recent history, Greene examines the ways in which French cinema has represented traumatic and defining moments of the nation's past: the political battles of the 1930s, the Vichy era, decolonization, the collapse of ideologies. Drawing upon a broad spectrum of films and directors, she shows how postwar films have reflected contemporary concerns even as they have created images and myths that have helped determine the contours of French memory. This study of the intricate links between French history, memory, and cinema begins by examining the long shadow cast by the Vichy past: the repressed memories and smothered unease that characterize the cinema of Alain Resnais are seen as a kind of prelude to a fierce battle for national memory that marked so-called retro films of the 1970s and 1980s. The shifting political and historical perspectives toward the nation's more distant past, which also emerged in these years, are explored in the light of the films of one of France's leading directors, Bertrand Tavernier. Finally, the mood of nostalgia and melancholy that appears to haunt contemporary France is analyzed in the context of films about the nation's imperial past as well as those that hark back to a "golden age," a remembered paradis perdu, of French cinema itself.

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Englishness, Empire, and the Locations of Identity

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In a 1968 speech on British immigration policy, Enoch Powell insisted that although a black man may be a British citizen, he can never be an Englishman. This book explains why such a claim was possible to advance and impossible to defend. Ian Baucom reveals how "Englishness" emerged against the institutions and experiences of the British Empire, rendering English culture subject to local determinations and global negotiations. In his view, the Empire was less a place where England exerted control than where it lost command of its own identity. Analyzing imperial crisis zones--including the Indian Mutiny of 1857, the Morant Bay uprising of 1865, the Amritsar massacre of 1919, and the Brixton riots of 1981--Baucom asks if the building of the empire completely refashioned England's narratives of national identity. To answer this question, he draws on a surprising range of sources: Victorian and imperial architectural theory, colonial tourist manuals, lexicographic treatises, domestic and imperial cricket culture, country house fetishism, and the writings of Ruskin, Kipling, Ford Maddox Ford, Forster, Rhys, C.L.R. James, Naipaul, and Rushdie--and representations of urban riot on television, in novels, and in parliamentary sessions. Emphasizing the English preoccupation with place, he discusses some crucial locations of Englishness that replaced the rural sites of Wordsworthian tradition: the Morant Bay courthouse, Bombay's Gothic railway station, the battle grounds of the 1857 uprising in India, colonial cricket fields, and, last but not least, urban riot zones.

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Refigurations of the Body Politic in Seventeenth-Century New England Writing

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The emphasis on practical experience over ideology is viewed by many historians as a profoundly American characteristic, one that provides a model for exploring the colonial challenge to European belief systems and the creation of a unique culture. Here Jim Egan offers an unprecedented look at how early modern American writers helped make this notion of experience so powerful that we now take it as a given rather than as the product of hard-fought rhetorical battles waged over ways of imagining one's relationship to a larger social community. In order to show how our modern notion of experience emerges from a historical change that experience itself could not have brought about, he turns to works by seventeenth-century writers in New England and reveals the ways in which they authorized experience, ultimately producing a rhetoric distinctive to the colonies and supportive of colonialism.Writers such as John Smith, William Wood, John Winthrop, Anne Bradstreet, Benjamin Tompson, and William Hubbard were sensitive to the challenge experiential authority posed to established social hierarchies. Egan argues that they used experience to authorize a supplementary status system that would at once enhance England's economic, political, and spiritual status and provide a new basis for regulating English and native populations. These writers were assuaging fears over how exposure to alien environments threatened actual English bodies and also the imaginary body that authorized English monarchy and allowed English subjects to think of themselves as a nation. By reimagining the English nation, these supporters of English colonialism helped create a modern way of imagining national identity and individual subject formation.

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The Earth's human population is expected to pass eight billion by the year 2025, while rapid growth in the global economy will spur ever increasing demands for natural resources. The world will consequently face growing scarcities of such vital renewable resources as cropland, fresh water, and forests. Thomas Homer-Dixon argues in this sobering book that these environmental scarcities will have profound social consequences--contributing to insurrections, ethnic clashes, urban unrest, and other forms of civil violence, especially in the developing world. Homer-Dixon synthesizes work from a wide range of international research projects to develop a detailed model of the sources of environmental scarcity. He refers to water shortages in China, population growth in sub-Saharan Africa, and land distribution in Mexico, for example, to show that scarcities stem from the degradation and depletion of renewable resources, the increased demand for these resources, and/or their unequal distribution. He shows that these scarcities can lead to deepened poverty, large-scale migrations, sharpened social cleavages, and weakened institutions. And he describes the kinds of violence that can result from these social effects, arguing that conflicts in Chiapas, Mexico and ongoing turmoil in many African and Asian countries, for instance, are already partly a consequence of scarcity. Homer-Dixon is careful to point out that the effects of environmental scarcity are indirect and act in combination with other social, political, and economic stresses. He also acknowledges that human ingenuity can reduce the likelihood of conflict, particularly in countries with efficient markets, capable states, and an educated populace. But he argues that the violent consequences of scarcity should not be underestimated--especially when about half the world's population depends directly on local renewables for their day-to-day well-being. In the next decades, he writes, growing scarcities will affect billions of people with unprecedented severity and at an unparalleled scale and pace. Clearly written and forcefully argued, this book will become the standard work on the complex relationship between environmental scarcities and human violence.

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Taking the Constitution Away from the Courts

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Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.

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Dissent, Injustice, and the Meanings of America

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Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.

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Judgment and Freedom in Kant and Adam Smith

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Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction of our desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left.

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The Morality of Roles in Public and Professional Life

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The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices."

Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien regime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices.

To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited.