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American Conservatism: NOMOS LVI

Sanford Levinson, Melissa Williams, and Joel Parker (eds)

The topic of American conservatism is especially timely, and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to ... More

The topic of American conservatism is especially timely, and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? This book reflects on these crucial questions, unpacking the very nature and development of American conservative thought. It examines both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the chapters themselves reflect differing and sometimes controversial assessments of the theorists under discussion.Less

Evolution and Morality: NOMOS LII

James E. Fleming and Sanford Levinson (eds)

Can theories of evolution explain the development of our capacity for moral judgment and the content of morality itself? If bad behavior punished by the criminal law is attributable to physical ... More

Can theories of evolution explain the development of our capacity for moral judgment and the content of morality itself? If bad behavior punished by the criminal law is attributable to physical causes, rather than being intentional or voluntary as traditionally assumed, what are the implications for rethinking the criminal justice system? Is evolutionary theory and “nature talk,” at least as practiced to date, inherently conservative and resistant to progressive and feminist proposals for social changes to counter subordination and secure equality? This book addresses many of the philosophical, legal, and political issues raised by such questions. It examines the possibilities of a naturalistic ethics, the implications of behavioral morality for reform of the criminal law, the prospects for a biopolitical science, and the relationship between nature, culture, and social engineering.Less

Federalism and Subsidiarity: NOMOS LV

James E. Fleming and Jacob T Levy (eds)

This book addresses the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most ... More

This book addresses the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.Less

Getting to the Rule of Law: NOMOS L

James E. Fleming

The rule of law has been celebrated as “an unqualified human good,” yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or ... More

The rule of law has been celebrated as “an unqualified human good,” yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? This book addresses many of the theoretical legal, political, and moral issues raised by such questions and examines practical applications “on the ground” in the United States and around the world. The book examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.Less

Immigration, Emigration, and Migration: NOMOS LVII

Jack Knight (ed.)

This volume presents chapters on the theme of borders and migration, written for the annual meetings of the American Society for Political and Legal Philosophy. It features three lead chapters and a ... More

This volume presents chapters on the theme of borders and migration, written for the annual meetings of the American Society for Political and Legal Philosophy. It features three lead chapters and a series of responses by other scholars drawn from the fields of law, political science, and philosophy. The volume thus brings together a range of perspectives—in both disciplinary and substantive terms—on the legitimacy of borders, the development and prospects of state sovereignty, and the role of national democracies in resolving international problems. The chapters also cover a number of more specific topics including the history of immigration law in the US, the creation of the universal postal union, and the sources of legitimate authority.Less

Loyalty: NOMOS LIV

Sanford Levinson, Paul Woodruff, and Joel Parker (eds)

Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one's moral obligation to loyalty. Featuring essays by scholars working in a ... More

Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one's moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, this book presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. It begins with a philosophical exploration of theories of loyalty, both Eastern and Western, then moves to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer–client relationships. A fair and balanced analysis from a wide range of disciplinary and normative viewpoints, the book infuses new life into an oft-tread avenue of scholarly inquiry.Less

Passions and Emotions: NOMOS LIII

James E. Fleming (ed.)

Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended ... More

Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. This book explores three clusters of issues: Passion and Impartiality: Passions and Emotions in Moral Judgment; Passion and Motivation: Passions and Emotions in Democratic Politics; and Passion and Dispassion: Passions and Emotions in Legal Interpretation. The book examines many of the theoretical and practical legal, political, and moral issues raised by such questions.Less

The Political Thought of America's Founding Feminists

Lisa Pace Vetter

Frances Wright (1795–1852), Harriet Martineau (1802–1876), Angelina Grimké (1805–1879), Sarah Grimké (1792–1873), Lucretia Mott (1793–1880), Elizabeth Cady Stanton (1815–1902), and Sojourner Truth ... More

Frances Wright (1795–1852), Harriet Martineau (1802–1876), Angelina Grimké (1805–1879), Sarah Grimké (1792–1873), Lucretia Mott (1793–1880), Elizabeth Cady Stanton (1815–1902), and Sojourner Truth (ca. 1797–1883). These seven women were on the front lines fighting for two of the most important causes in American history: abolitionism and expanding women’s rights. The Jacksonian era in which they lived fundamentally challenged the American project. The potential enfranchisement of marginalized populations—especially women and enslaved persons—led to confrontations over the foundational principles of America. These women are well known to historians, scholars of literature, and others. In comparison, from the perspective of political theory, our understanding of the early women’s rights movement and abolitionism, pivotal developments in American political thought, is still relatively limited. In spite of its openness to nontraditional theorists—the Founders and Abraham Lincoln, for example—American political thought does not extend the same recognition to many abolitionists and early women’s rights advocates. This book examines the works of these seven influential women to show that they offer significant theoretical insights into the founding principles of equality, freedom, citizenship, representation, deliberation, religious toleration, and constitutional reform. Their efforts served as a “civic founding” that laid the groundwork not only for women’s suffrage and the abolition of slavery but also for the broader expansion of civil, political, and human rights that would characterize much of the twentieth century and continues to unfold today.Less

Transitional Justice: NOMOS LI

Rosemary Nagy and Jon Elster

Melissa S. Williams (ed.)

Criminal tribunals, truth commissions, reparations, apologies, and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from ... More

Criminal tribunals, truth commissions, reparations, apologies, and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. This book settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions.Less

Wealth: NOMOS LVIII

Jack Knight and Melissa Schwartzberg (eds)

This volume presents essays on the theme of wealth, written for the annual meetings of the Association for Legal and Political Philosophy. It features three lead essays and a series of responses by ... More

This volume presents essays on the theme of wealth, written for the annual meetings of the Association for Legal and Political Philosophy. It features three lead essays and a series of responses by other scholars drawn from the fields of law, political science, and philosophy. The volume thus brings together a range of perspectives—in both disciplinary and substantive terms—on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy.Less