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How Policy Preferences Influence Legal Reasoning
Based on an innovative combination of psychological experimentation and studies of individual cases, the author advances a new theory about the ways in which policy preferences influence judicial decision-making. She demonstrates that "motivated reasoning" does indeed occur, but its scope is limited by rules of legal analysis.
The Victorian Practice of History from Gibbon to Churchill
In Liberal Epic, Edward Adams examines the liberal imagination’s centuries-long dependence on contradictory, and mutually constitutive, attitudes toward violent domination. Adams centers his ambitious analysis on a series of major epic poems, histories, and historical novels, including Dryden’s Aeneid, Pope’s Iliad, Gibbon’s Decline and Fall of the Roman Empire, Byron’s Don Juan, Scott’s Life of Napoleon, Napier’s History of the War in the Peninsula, Macaulay’s History of England, Hardy’s Dynasts, and Churchill’s military histories—works that rank among the most important publishing events of the past three centuries yet that have seldom received critical attention relative to their importance. In recovering these neglected works and gathering them together as part of a self-conscious literary tradition here defined as liberal epic, Adams provides an archaeology that sheds light on contemporary issues such as the relation of liberalism to war, the tactics for sanitizing heroism, and the appeal of violence to supposedly humane readers.
Victorian Literature and Culture Series
Thomas Jefferson and the Power of Knowledge
Although Thomas Jefferson’s status as a champion of education is widely known, the essays in Light and Liberty make clear that his efforts to enlighten fellow citizens reflected not only a love of learning but also a love of freedom. Using as a starting point Jefferson's conviction that knowledge is the basis of republican self-government, the contributors examine his educational projects not as disparate attempts to advance knowledge for its own sake but instead as a result of his unyielding, almost obsessive desire to bolster Americans’ republican virtues and values.
Whether by establishing schools or through broader, extra-institutional efforts to disseminate knowledge, Jefferson's endeavors embraced his vision for a dynamic and meritocratic America. He aimed not only to provide Americans with the ability to govern themselves and participate in the government of others but also to influence Americans to remake their society in accordance with his own principles.
Written in clear and accessible prose, Light and Liberty reveals the startling diversity of Jefferson’s attempts to rid citizens of the ignorance and vice that, in the view of Jefferson and many contemporaries, had corroded and corrupted once-great civilizations. Never wavering from his faith that "knowledge is power," Jefferson embraced an expansive understanding of education as the foundation for a republic of free and responsible individuals who understood their rights and stood ready to defend them.
Thomas Jefferson's Dualistic Enlightenment
The Limits of Optimism works to dispel persistent notions about Jefferson’s allegedly paradoxical and sphinx-like quality. Maurizio Valsania shows that Jefferson’s multifaceted character and personality are to a large extent the logical outcome of an anti-metaphysical, enlightened, and humility-oriented approach to reality. That Jefferson’s mind and priorities changed over time and in response to changing circumstances indicates neither incoherence, hypocrisy, nor pathology.
Valsania’s reading of Jefferson, the Enlightenment, and negativity helps to make sense of the many paradoxes typically associated with that eighteenth-century thinker. At the same time, it provides a corrective to the common though erroneous equation of Enlightenment thinking with rationalism and shallow optimism.
Reflections on the Founding Couple
Restored to its original splendor, Montpelier is now a national shrine, but before Montpelier became a place of study and tribute, it was a home. Often kept from it by the business of the young nation, James and Dolley Madison could finally take up permanent residence when they retired from Washington in 1817. Their lifelong friend Thomas Jefferson predicted that, at Montpelier, the retiring Madison could return to his "books and farm, to tranquility, and independence," that he would be released "from incessant labors, corroding anxieties, active enemies, and interested friends."
As the celebrated historian Ralph Ketcham shows, this would turn out to be only partly true. Although the Madisons were no longer in Washington, Dolley continued to take part in its social scene from afar, dominating it just as she had during Jefferson’s and her husband’s administrations, commenting on people and events there and advising the multitude of young people who thought of her as the creator of society life in the young republic. James maintained a steady correspondence about public questions ranging from Native American affairs, slavery, and utopian reform to religion and education. He also took an active role at the Virginia Constitutional Convention of 1829-30, in the defeat of nullification, and in the establishment of the University of Virginia, of which he was the rector for eight years after Jefferson’s death. Exploring Madison’s role in these post-presidential issues reveals a man of extraordinary intellectual vitality and helps us to better understand Madison’s political thought. His friendships with figures such as Jefferson, James Monroe, and the Marquis de Lafayette--as well as his assessment of them (he outlived them all)--shed valuable light on the nature of the republic they had all helped found.
In their last years, James and Dolley Madison personified the republican institutions and culture of the new nation--James as the father of the Constitution and its chief propounder for nearly half a century, and Dolley as the creator of the role of "First Lady." Anything but uneventful, the retirement period at Montpelier should be seen as a crucial element in our understanding of this remarkable couple.
Ignoring, Evading, and Trumping the Supreme Court
Based on an award-winning dissertation, Merely Judgment examines what happens after a Supreme Court decision is handed down--in particular how governments and other institutions can derail the implementation of Supreme Court decisions on affirmative action in governmental contracting; also flag burning, hate speech, and school prayer.
Culture, Politics, and Time in Paris and Tokyo
As society becomes more global, many see the world’s great cities as becoming increasingly similar. But while contemporary cultures do depend on and resemble each other in previously unimagined ways, homogenization is sometimes overestimated. In his compelling new book, James W. White considers how two of the world’s great cities, Paris and Tokyo, may appear to be growing more alike--both are vast, modern, dominating, capitalist cities--but in fact remain profoundly different places.
From Dante Gabriel Rossetti to Ezra Pound
In The Modern Portrait Poem, Frances Dickey recovers the portrait as a poetic genre from the 1860s through the 1920s. Combining literary and art history, she examines the ways Dante Gabriel Rossetti, Algernon Swinburne, and J. M. Whistler transformed the genre of portraiture in both painting and poetry. She then shows how their new ways of looking at and thinking about the portrait subject migrated across the Atlantic to influence Ezra Pound, T. S. Eliot, William Carlos Williams, Amy Lowell, E. E. Cummings, and other poets. These poets creatively exposed the Victorian portrait to new influences ranging from Manet’s realism to modern dance, Futurism, and American avant-garde art. They also condensed, expanded, and combined the genre with other literary modes including epitaph, pastoral, and Bildungsroman.
Dickey challenges the tendency to view Modernism as a break with the past and as a transition from aural to visual orientation. She argues that the Victorian poets and painters inspired the new generation of Modernists to test their vision of Aestheticism against their perception of modernity and the relationship between image and text. In bridging historical periods, national boundaries, and disciplinary distinctions, Dickey makes a case for the continuity of this genre over the Victorian/Modernist divide and from Britain to the United States in a time of rapid change in the arts.
The America Begotten by Thomas Jefferson and Sally Hemings
The debate over the affair between Thomas Jefferson and Sally Hemings rarely rises above the question of "Did they or didn’t they?" But lost in the argument over the existence of such a relationship are equally urgent questions about a history that is more complex, both sexually and culturally, than most of us realize. Mongrel Nation seeks to uncover this complexity, as well as the reasons it is so often obscured.
Clarence Walker contends that the relationship between Jefferson and Hemings must be seen not in isolation but in the broader context of interracial affairs within the plantation complex. Viewed from this perspective, the relationship was not unusual or aberrant but was fairly typical. For many, this is a disturbing realization, because it forces us to abandon the idea of American exceptionalism and re-examine slavery in America as part of a long, global history of slaveholders frequently crossing the color line.
More than many other societies--and despite our obvious mixed-race population--our nation has displayed particular reluctance to acknowledge this dynamic. In a country where, as early as 1662, interracial sex was already punishable by law, an understanding of the Hemings-Jefferson relationship has consistently met with resistance. From Jefferson’s time to our own, the general public denied--or remained oblivious to--the possibility of the affair. Historians, too, dismissed the idea, even when confronted with compelling arguments by fellow scholars. It took the DNA findings of 1998 to persuade many (although, to this day, doubters remain).
The refusal to admit the likelihood of this union between master and slave stems, of course, from Jefferson’s symbolic significance as a Founding Father. The president’s apologists, both before and after the DNA findings, have constructed an iconic Jefferson that tells us more about their own beliefs--and the often alarming demands of those beliefs--than it does about the interaction between slave owners and slaves. Much more than a search for the facts about two individuals, the debate over Jefferson and Hemings is emblematic of tensions in our society between competing conceptions of race and of our nation.
Edwardian Fiction and the Emergence of Modernism
By 1901, the public museum was firmly established as an important national institution in British life. Its very centrality led to its involvement in a wide range of debates about art, knowledge, national identity, and individual agency. Ruth Hoberman argues that these debates concerned writers as well. Museum Trouble focuses on fiction written between 1890 and 1914 and the ways in which it engaged the issues dramatized by and within the museum.
Those issues were many. Art critics argued about what kind of art to buy on behalf of the nation, how to display it, and whether salaried professionals or aristocratic amateurs should be in charge. Museum administrators argued about the best way to exhibit scientific and cultural artifacts to educate the masses while serving the needs of researchers. And novelists had their own concerns about an increasingly commercialized literary marketplace, the nature of aesthetic response, the impact of evolution and scientific materialism, and the relation of the individual to Britain’s national and imperial identity.
In placing the many crucial museum scenes of Edwardian fiction in the context of late nineteenth-century and early twentieth-century cultural discourse, Museum Trouble shows how this turn-of-the-century literature anticipated many of the concerns of the modernist writers who followed.