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Its Nature, Ethics, and Promise
We all live our daily lives surrounded by the products of technology that make what we do simpler, faster, and more efficient. These are benefits we often just take for granted. But at the same time, as these products disburden us of unwanted tasks that consumed much time and effort in earlier eras, many of them also leave us more disengaged from our natural and even human surroundings. It is the task of what Gene Moriarty calls focal engineering to create products that will achieve a balance between disburdenment and engagement: “How much disburdenment will be appropriate while still permitting an engagement that enriches one’s life, elevates the spirit, and calls forth a good life in a convivial society?”One of his examples of a focally engineered structure is the Golden Gate Bridge, which “draws people to it, enlivens and elevates the human spirit, and resonates with the world of its congenial setting. Humans, bridge, and world are in tune.” These values of engagement, enlivenment, and resonance are key to the normative approach Moriarty brings to the profession of engineering, which traditionally has focused mainly on technical measures of evaluation such as efficiency, productivity, objectivity, and precision. These measures, while important, look at the engineered product in a local and limited sense. But “from a broader perspective, what is locally benign may present serious moral problems,” undermining “social justice, environmental sustainability, and health and safety of affected parties.” It is this broader perspective that is championed by focal engineering, the subject of Part III of the book, which Moriarty contrasts with “modern” engineering in Part I and “pre-modern” engineering in Part II.
How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court
An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal.During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.
Improving Judicial Performance in Latin America
Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done. Linn Hammergren’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I’s overview of the reform movement’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.
The Politics of Infinity
Human beings are restless souls, ever driven by an insistent inner force not only to have more but to be more—to be infinitely more. Various philosophers have emphasized this type of ceaseless striving in their accounts of humanity, as in Spinoza’s notion of conatus and Hobbes’s identification of “a perpetual and restless desire of power after power.” In this book, Laurence Cooper focuses his attention on three giants of the philosophic tradition for whom this inner force was a major preoccupation and something separate from and greater than the desire for self-preservation. Cooper’s overarching purpose is to illuminate the nature of this source of existential longing and discontent and its implications for political life. He concentrates especially on what these thinkers share in their understanding of this psychic power and how they view it ambivalently as the root not only of ambition, vigorous virtue, patriotism, and philosophy, but also of tyranny, imperialism, and varieties of fanaticism. But he is not neglectful of the differences among their interpretations of the phenomenon, either, and especially highlights these in the concluding chapter.
Vol. 33 (2012) through current issue
Eugene O’Neill’s entire life revolved around the stage, and his productivity as a dramatist—some twenty long plays in less than twenty-five years (1920–1943)—remains a remarkable achievement. O’Neill’s plays are known for their intensely personal qualities, their dark realism, and their tragic honesty. O’Neill is the only American playwright ever to receive a Nobel Prize in Literature and is recognized as having helped to establish America as a center of theatrical output and creativity.
Vol. 11 (2013) through current issue
The F. Scott Fitzgerald Review publishes essays on all aspects of F. Scott Fitzgerald’s life and work. The journal serves both the specialist and the general reader with essays that broaden understanding of Fitzgerald’s writing and related topics. While the centrality of The Great Gatsby is recognized, the journal is also eager to advance interest in the breadth of Fitzgerald’s writing. The journal is published on behalf of F. Scott Fitzgerald Society.
Since the establishment of Christianity in the West as a major religious tradition, Augustine (354–430 C.E.) has been considered a principal architect of the ways philosophy can be used for reasoning about faith. In particular, Augustine effected the joining of Platonism with Christian belief for the Middle Ages and beyond. The results of his enterprise continue to be felt, especially with regard to the contested topics of human embodiment, sexuality, and the nature and roles of women. As a result, few thinkers have been as problematic for feminists as he has been. He is the thinker that a number of feminists love to hate. What do feminist thinkers make of this problematic legacy? These lively essays address that question and provide thoughtful arguments for the value of engaging Augustine’s ideas and texts anew by using the well-established methodologies that feminists have developed over the last thirty years. Augustine and his legacy have much to answer for, but these essays show that the body of his work also has much to offer as feminists explore, challenge, and reframe his thinking while forging new paradigms for construing gender, power, and notions of divinity.
In Feminist Interpretations of John Rawls, Ruth Abbey collects eight essays responding to the work of John Rawls from a feminist perspective. An impressive introduction by the editor provides a chronological overview of English-language feminist engagements with Rawls from his Theory of Justice onwards. She surveys the range of issues canvassed by feminist readers of Rawls, as well as critics’ wide disagreement about the value of Rawls’ corpus for feminist purposes. The eight essays that follow testify to the continuing ambivalence among feminist readers of Rawls. From the perspectives of political theory and moral, social, and political philosophy, the essayists address particular aspects of Rawls’ work and apply it to a variety of worldly practices relating to gender inequality and the family, to the construction of disability, to the justice in everyday relationships, to human rights on an international level. The overall effect is to give a sense of the broad spectrum of possible feminist critical responses to Rawls, ranging from rejection to adoption. Aside from the editor, the contributors are Amy R. Baehr, Eileen Hunt Botting, Elizabeth Brake, Clare Chambers, Nancy J. Hirschmann, Anthony Simon Laden, Janice Richardson, and Lisa H. Schwartzman.