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Advancing the Rule of Law Abroad

Next Generation Reform

Rachel Kleinfeld

In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry.

In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success.

This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

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Advice and Consent

The Development of the Policy Sciences

Policy analysis, as a practical matter, is hardly new. Throughout history, rulers have sought advice from priests or sages, and monarchs have conferred with counselors. The emergence of empirical social research in the nineteenth century laid the groundwork for policy advice that was more than an idiosyncratic political exercise, but it was not until well into this century that the systematic examination of policy issues became feasible.

Advice and Consent traces the recent course of the "policy sciences," a term coined in 1951 to describe an analytic approach that draws on political science, sociology, law, economics, psychology, and operations research to examine specific social problems in context. Peter deLeon's unique contribution is to delineate two separate but related currents in the development of the policy sciences: first, the evolution of intellectual tools for analysis ("advice"); and second, the evolution of a perceived need for policy research as prompted by events such as the war on poverty ("consent").

Peter deLeon's concise and literate account of how these two trends shaped the policy sciences and affected each other clarifies the present state of policy research, explores its failure to realize fully its ideals, and frames the challenges facing the policy sciences as they struggle to complete their transformation from academic fancy to institutional fact.

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Advice and Dissent

The Struggle to Shape the Federal Judiciary

Sarah A. Binder and Forrest Maltzman

For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy.

Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system —a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent.

Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.

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Advocate for the Doomed

The Diaries and Papers of James G. McDonald, 1932-1935

Edited by Richard Breitman, Barbara McDonald Stewart, and Severin Hochberg

The private diary of James G. McDonald (1886–1964) offers a unique and hitherto unknown source on the early history of the Nazi regime and the Roosevelt administration’s reactions to Nazi persecution of German Jews. Considered for the post of U.S. ambassador to Germany at the start of FDR’s presidency, McDonald traveled to Germany in 1932 and met with Hitler soon after the Nazis came to power. Fearing Nazi intentions to remove or destroy Jews in Germany, in 1933 he became League of Nations High Commissioner for Refugees and sought aid from the international community to resettle outside the Reich Jews and others persecuted there. In late 1935 he resigned in protest at the lack of support for his work.

This is the eagerly awaited first of a projected three-volume work that will significantly revise the ways that scholars and the world view the antecedents of the Holocaust, the Shoah itself, and its aftermath.

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Advocating Dignity

Human Rights Mobilizations in Global Politics

By Jean H. Quataert

In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational linkages in international society. The U.N. system is continuously reinvigorated and strengthened by its ties to local individuals, organizations, and groups engaged in day-to-day rights advocacy. This daily work, in turn, is supported by the ongoing activities from above.

Quataert establishes the global contexts for the historical unfolding of human rights advocacy through thorough studies of such cases as the Soviet dissident movement, the mothers' demonstrations in Argentina, the transnational antiapartheid campaign, and coalitions for gender and economic justice. Drawing from many fields of inquiry, including legal studies, philosophy, international relations theory, political science, and gender history, Advocating Dignity is an innovative work that narrates the hopes and bitter struggles that have altered the course of international and domestic relations over the past sixty years.

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The Aesthetics of Gyorgy Lukacs

Bela Kiralyfalvi

This book-length treatment of György Lukács' major achievement, his Marxist aesthetic theories. Working from the thirty-one volumes of Lukács’ works and twelve separately published essays, speeches, and interviews, Bela Kiralyfalvi provides a full and systematic analysis for English-speaking readers.

Following an introductory chapter on Lukács' philosophical development, the book concentrates on the coherent Marxist aesthetics that became the basis for his mature literary criticism. The study includes an examination of Lukács' Marxist philosophical premises; his theory of the origin of art and the relationship of art to life, science, and religion; and his theory of artistic reflection and realism.

Later chapters treat the concepts of type and totality in Lukács' category of specialty, the distinctions between allegory and symbolism in his theory of the language of art, and Lukács' understanding of aesthetic effect and form and content in art. There is a separate chapter on Lukács' dramatic theory.

This lucid and readable account of Lukács' aesthetic theories will be of special interest to students of literature, aesthetics, and drama. In addition, it will be appreciated by those generally concerned with Marxist theory.

Originally published in 1975.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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The Affect of Difference

Representations of Race in East Asian Empire

Edited by Christopher P. Hanscom and Dennis Washburn

The Affect of Difference is a collection of essays offering a new perspective on the history of race and racial ideologies in modern East Asia. Contributors approach this subject through the exploration of everyday culture from a range of academic disciplines, each working to show how race was made visible and present as a potential means of identification. By analyzing artifacts from diverse media including travelogues, records of speech, photographs, radio broadcasts, surgical techniques, tattoos, anthropometric postcards, fiction, the popular press, film and soundtracks—an archive that chronicles the quotidian experiences of the colonized—their essays shed light on the politics of inclusion and exclusion that underpinned Japanese empire.

One way this volume sets itself apart is in its use of affect as a key analytical category. Colonial politics depended heavily on the sentiments and moods aroused by media representations of race, and authorities promoted strategies that included the colonized as imperial subjects while simultaneously excluding them on the basis of "natural" differences. Chapters demonstrate how this dynamic operated by showing the close attention of empire to intimate matters including language, dress, sexuality, family, and hygiene.

The focus on affect elucidates the representational logic of both imperialist and racist discourses by providing a way to talk about inequalities that are not clear cut, to show gradations of power or shifts in definitions of normality that are otherwise difficult to discern, and to present a finely grained perspective on everyday life under racist empire. It also alerts us to the subtle, often unseen ways in which imperial or racist affects may operate beyond the reach of our methodologies.

Taken together, the essays in this volume bring the case of Japanese empire into comparative proximity with other imperial situations and contribute to a deeper, more sophisticated understanding of the role that race has played in East Asian empire.

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Affirmative Action and Minority Enrollments in Medical and Law Schools

Susan Welch and John Gruhl

Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.

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The Affirmative Action Empire

Nations and Nationalism in the Soviet Union, 1923-1939

by Terry Martin

The Soviet Union was the first of Europe's multiethnic states to confront the rising tide of nationalism by systematically promoting the national consciousness of its ethnic minorities and establishing for them many of the institutional forms characteristic of the modern nation-state. In the 1920s, the Bolshevik government, seeking to defuse nationalist sentiment, created tens of thousands of national territories. It trained new national leaders, established national languages, and financed the production of national-language cultural products.

This was a massive and fascinating historical experiment in governing a multiethnic state. Terry Martin provides a comprehensive survey and interpretation, based on newly available archival sources, of the Soviet management of the nationalities question. He traces the conflicts and tensions created by the geographic definition of national territories, the establishment of dozens of official national languages, and the world's first mass "affirmative action" programs.

Martin examines the contradictions inherent in the Soviet nationality policy, which sought simultaneously to foster the growth of national consciousness among its minority populations while dictating the exact content of their cultures; to sponsor national liberation movements in neighboring countries, while eliminating all foreign influence on the Soviet Union's many diaspora nationalities. Martin explores the political logic of Stalin's policies as he responded to a perceived threat to Soviet unity in the 1930s by re-establishing the Russians as the state's leading nationality and deporting numerous "enemy nations."

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Affirmative Action for the Future

At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform.

Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants.

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