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The American Revolution In the Law

Anglo-American Jurisprudence before John Marshall

Shannon C. Stimson

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power.

In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence.

Originally published in 1990.

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 Anxiety of Freedom

Imagination and Individuality in Locke's Political Thought

Uday Singh Mehta

The enduring appeal of liberalism lies in its commitment to the idea that human beings have a "natural" potential to live as free and equal individuals. The realization of this potential, however, is not a matter of nature, but requires that people be molded by a complex constellation of political and educational institutions. In this eloquent and provocative book, Uday Singh Mehta investigates in the major writings of John Locke the implications of this tension between individuals and the institutions that mold them. The process of molding, he demonstrates, involves an external conformity and an internal self-restraint that severely limit the scope of individuality.
Mehta explores the centrality of the human imagination in Locke’s thought, focusing on his obsession with the potential dangers of the cognitive realm. Underlying Locke’s fears regarding the excesses of the imagination is a political anxiety concerning how to limit their potential effects. In light of Locke’s views on education, Mehta concludes that the promise of liberation at the heart of liberalism is vitiated by its constraints on cognitive and political freedom.

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Appeals to Interest

Language, Contestation, and the Shaping of Political Agency

Dean Mathiowetz

It has become a commonplace assumption in modern political debate that white and rural working- and middle-class citizens in the United States who have been rallied by Republicans in the “culture wars” to vote Republican have been voting “against their interests.” But what, exactly, are these “interests” that these voters are supposed to have been voting against? It reveals a lot about the role of the notion of interest in political debate today to realize that these “interests” are taken for granted to be the narrowly self-regarding, primarily economic “interests” of the individual. Exposing and contesting this view of interests, Dean Mathiowetz finds in the language of interest an already potent critique of neoliberal political, theoretical, and methodological imperatives—and shows how such a critique has long been active in the term’s rich history. Through an innovative historical investigation of the language of interest, Mathiowetz shows that appeals to interest are always politically contestable claims about “who” somebody is—and a provocation to action on behalf of that “who.” Appeals to Interest exposes the theoretical and political costs of our widespread denial of this crucial role of interest-talk in the constitution of political identity, in political theory and social science alike.

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Aristotle's Politics Today

According to Aristotle, man’s essential sociality implies a distinctive conception of politics, one in which all political associations exist for the sake of the moral perfection of human beings. This stands in sharp contrast with the modern view of politics that man is not “by nature” political; rather, man chooses to create political associations for the sake of securing the protection of his life and property. Many political theorists have begun to express doubts about this modern view, calling for a return to Aristotle’s vision of a politics that is deeply moral. In Aristotle’s Politics Today, distinguished political philosophers representing a diversity of approaches examine the meaning, relevance, and implications of Aristotle’s political thought for contemporary social and political theory. The contributors engage a broad range of topics, including Aristotle’s views on constitutionalism, the extension of Aristotelian ideas to issues in international relations, the place of Aristotelian virtue in modern democratic politics, and Aristotle’s conception of justice.

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Artifacts of Thinking

Reading Hannah Arendt's Denktagebuch

Edited by Roger Berkowitz, and Ian Storey

Artifacts of Thinking: Reading Arendt’s Denktagebuch offers a path through Hannah Arendt’s recently published Denktagebuch, or “Book of Thoughts.” In this book a number of innovative Arendt scholars come together to ask how we should think about these remarkable writings in the context of Arendt’s published writing and broader political thinking. Unique in its form, the Denktagebuch offers brilliant insights into Arendt’s practice of thinking and writing. Artifacts of Thinking provides an introduction to the Denktagebuch as well as a glimpse of these fascinating but untranslated fragments that reveal not only Arendt’s understanding of “the life of the mind,” but her true lived experience of it.

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Aspiring to Fullness in a Secular Age

Essays on Religion and Theology in the Work of Charles Taylor

edited by Carlos D. Colorado and Justin D. Klassen

Aspiring to Fullness in a Secular Age, whose title is inspired by Charles Taylor's magisterial A Secular Age, offers a host of expert analyses of the religious and theological threads running throughout Taylor’s oeuvre, illuminating further his approaches to morality, politics, history, and philosophy. Although the scope of Taylor’s insight into modern secularity has been widely recognized by his fellow social theorists and philosophers, Aspiring to Fullness focuses on Taylor's insights regarding questions of religious experience. It is with a view to such experience that the volume’s contributors consider and assess Taylor’s broad analysis of the limits and potentialities of the present age in regard to human fullness or fulfillment. The essays in this volume address crucial questions about the function and significance of religious accounts of transcendence in Taylor’s overall philosophical project; the critical purchase and limitations of Taylor’s assessment of the centrality of codes and institutions in modern political ethics; the possibilities inherent in Taylor’s brand of post-Nietzschean theism; the significance and meaning of Taylor’s ambivalence about modern destiny; the possibility of a practical application of his insights within particular contemporary religious communities; and the overall implications of Taylor’s thought for theology and philosophy of religion. Although some commentators have referred to a recent religious “turn” in Taylor’s work, the contributors to Aspiring to Fullness in a Secular Age examine the ways in which transcendence functions, both explicitly and implicitly, in Taylor’s philosophical project as a whole.

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At the Limits of Political Philosophy

From "Brilliant Errors" to Things of Uncommon Importance

James V. Schall

James V. Schall presents, in a convincing and articulate manner, the revelational contribution to political philosophy, particularly that which comes out of the Roman Catholic tradition.

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Authority Figures

Rhetoric and Experience in John Locke's Political Thought

Torrey Shanks

In Authority Figures, Torrey Shanks uncovers the essential but largely unappreciated place of rhetoric in John Locke’s political and philosophical thought. Locke’s well-known hostility to rhetoric has obscured an important debt to figural and inventive language. Here, Shanks traces the close ties between rhetoric and experience as they form the basis for a theory and practice of judgment at the center of Locke’s work. Rhetoric and experience come together, for Locke, to reorient readers’ relation to the past in order to open up alternative political futures. Recognizing this debt sets the stage for a new understanding of the Two Treatises of Government, in which the material and creative force of language is necessary for political critique.

Authority Figures draws together political theory and philosophy, the history of science and of rhetoric, and philosophy of language and literary theory to offer an interpretation of Locke’s political thought that shows the ongoing importance of rhetoric for new modes of critique in the seventeenth century. Locke’s thought offers up insights for rethinking the relationship of rhetoric and experience to political critique, as well as the intersections of language and materialism.

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Autobiographical Reflections, Revised Edition with Glossary

Eric Voegelin, edited with an introduction by Ellis Sandoz

 

Autobiographical Reflections is a window into the mind of a man whose reassessment of the nature of history and thought has overturned traditional approaches to, and appraisals of, the Western intellectual tradition. Here we encounter the motivations for Voegelin's work, the stages in the development of his unique philosophy of consciousness, his key intellectual breakthroughs, his theory of history, and his diagnosis of the political ills of the modern age.
 
Included in this revised volume is a glossary of terms used in Voegelin’s writings. The glossary lists, defines, and illustrates from the author’s writings many of the key terms employed, paying particular attention to the Greek terms. Together, the glossary and enlarged index systematically include names, subjects, ideas, writings, and terms, making this volume an indispensable help for any serious study of Eric Voegelin’s oeuvre.

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The Autonomous Animal

Self-Governance and the Modern Subject

Claire E. Rasmussen

Autonomy is a vital concept in much of modern theory, defining the Subject as capable of self-governance. Democratic theory relies on the concept of autonomy to provide justification for participatory government and the normative goal of democratic governance, which is to protect the ability of the individual to self-govern.

Offering the first examination of the concept of autonomy from a postfoundationalist perspective, The Autonomous Animal analyzes how the ideal of self-governance has shaped everyday life. Claire E. Rasmussen begins by considering the academic terrain of autonomy, then focusing on specific examples of political behavior that allow her to interrogate these theories. She demonstrates how the adolescent—a not-yet-autonomous subject—highlights how the ideal of self-governance generates practices intended to cultivate autonomy by forming the individual’s relationship to his or her body. She points up how the war on drugs rests on the perception that drug addicts are the antithesis of autonomy and thus must be regulated for their own good. Showing that the animal rights movement may challenge the distinction between human and animal, Rasmussen also examines the place of the endurance athlete in fitness culture, where self-management of the body is the exemplar of autonomous subjectivity.

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