This chapter contains sections titled: Jurisprudential Methodology Legal Indeterminacy Descriptive Theory of Adjudication The Attack on Formalism Normative Theory of Adjudication Other Themes from Realism References.

This chapter contains section titled: Introduction Legal Indeterminacy The Core Claim of American Legal Realism Two Branches of Realism Naturalized Jurisprudence? How Should Judges Decide Cases? Legacy of Legal Realism I: Legal Education and Scholarship in the United States Legacy of Legal Realism II: Legal Theory References Further Reading.

This article uses Ernst Fraenkel’s concept of the “dual state” as the vehicle for examining the role of “lynch law” as a mode of governance of African Americans in the United States from 1865 to 1940. It begins with a largely jurisprudential inquiry placing my interpretation of Ernst Fraenkel’s distinction between the normative state and the prerogative state in dialogue with a version of American Legal Realism, in which law consists entirely of “moves” such as permissible (...) distinctions and analogies that are treated as acceptable by relevant professional communities. Seen through that lens the distinction between the normative state and the prerogative state thins out. The arbitrariness Fraenkel associates with the prerogative state infects the normative state and the prerogative state is pervaded by norms that aren’t mere simulacra of legal norms. The two kinds of state are different in degree rather than in kind—but differences in degree can matter. Part II uses the revised distinction in a preliminary examination of lynch law in the U.S. South. Lynch law was not an example of Fraenkel’s prerogative state; the norms enforced through lynch law might have been popular versions of norms drawn from the prerogative state. And yet “lynch law” was different not only in content from the rules of law formally applicable to all people in the United States but also in the lived experience of those subject to lynch law. Lynch law might not have been arbitrary in the sense that it had no knowable normative content, but, perhaps because the norms were popular rather than legislated or formal, it was substantially vaguer than the formal law and significantly less able to guide the choices made by those subject to it. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of (...) its constitutional framers to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

“A great story, full of twists and turns.... Careers made and ruined, departments torn apart, writing programs turned into sensitivity seminars, political witch hunts, public opprobrium, ignorant media attacks, the whole ball of wax. Read it and laugh or read it and weep. I can hardly wait for the movie.” —Stanley Fish, _Think Again, New York Times_ “In such a difficult genre, full of traps and obstacles, French Theory is a success and a remarkable book in every respect: it is (...) fair, balanced, and informed. I am sure this book will become the reference on both sides of the Atlantic.” —Jacques Derrida “The Atlantic Ocean has two sides, and so does French Theory. Reinvented in America and betrayed in its own country, it has become the most radical intellectual movement in the West with global reach, rewriting Marx in light of late capitalism. Breathtakingly moving back and forth between the two cultures, Francois Cusset takes us through a dazzling intellectual adventure that illuminates the past thirty years, and many more decades to come.” —Sylvere Lotringer During the last three decades of the twentieth century, a disparate group of radical French thinkers achieved an improbable level of influence and fame in the United States. Compared by at least one journalist to the British rock ‘n’ roll invasion, the arrival of works by Michel Foucault, Jacques Derrida, Jean-François Lyotard, Jean Baudrillard, Gilles Deleuze, and Félix Guattari on American shores in the late 1970s and 1980s caused a sensation. Outside the academy, “French theory” had a profound impact on the era’s emerging identity politics while also becoming, in the 1980s, the target of right-wing propagandists. At the same time in academic departments across the country, their poststructuralist form of radical suspicion transformed disciplines from literature to anthropology to architecture. By the 1990s, French theory was woven deeply into America’s cultural and intellectual fabric. French Theory is the first comprehensive account of the American fortunes of these unlikely philosophical celebrities. François Cusset looks at why America proved to be such fertile ground for French theory, how such demanding writings could become so widely influential, and the peculiarly American readings of these works. Reveling in the gossipy history, Cusset also provides a lively exploration of the many provocative critical practices inspired by French theory. Ultimately, he dares to shine a bright light on the exultation of these thinkers to assess the relevance of critical theory to social and political activism today-showing, finally, how French theory has become inextricably bound with American life. François Cusset, a writer and intellectual historian, teaches contemporary French thought in Paris at the Institut d’Etudes Politiques and at Columbia University’s Reid Hall. His books include Queer Critics and La Décennie. Jeff Fort is assistant professor of French at the University of California, Davis. He has translated works by Maurice Blanchot, Jean Genet, and Jean-Luc Nancy. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely (...) used 1982 editions. This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

This essay explores the efforts of forensic pathologists in the United States to establish the intellectual and social territory of their specialty, both inside and outside of medicine, and to control the institutional context of its practice. This process pitted forensic pathologists againstpowerful political machines for control of the coroner's office, where the application of medical knowledge legitimized social policy; against the legal profession for control of the application of forensic science in the courts; and against (...) fellow members of the American medical profession for control of entry to the specialty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 229-231 [Access article in PDF] James A. Good, editor. The Early American Reception of German Idealism. 5 vols. Bristol: Thoemmes, 2002. Pp. 2826. Cloth, $635.00. The five volumes of this set reprint an impressive collection of long unavailable texts by five largely forgotten nineteenth-century American authors, each of whom was familiar with at least some aspects of the philosophical (...) revolution that began in Germany with the appearance of Kant's Critiques and whose own writings were deeply influenced by German Idealism. Largely due to the efforts of these five authors, idealism began to rival empiricism and common-sense realism as a major philosophical movement in the United States by the end of the nineteenth century and was an important part of that intellectual context from which later movements, notably pragmatism, grew. But despite the obvious importance of these authors and texts for understanding both the American "reception" of German Idealism and the history of American philosophy, they are today virtually unknown and most of the volumes reprinted in this set are exceedingly rare. Every student of the history of American thought must therefore be grateful to Thoemmes Press and to James A. Good for making these important works once again available. Each volume is prefaced by an excellent introduction summarizing the essential biographical and historical facts, the relevant intellectual context, and the immediate and lasting influence of the work or author in question. Good's introductions also include insightful, albeit brief, comments on the philosophical contents and distinctive character of each volume. Indeed, one of the pleasures of perusing these volumes is the opportunity this affords to appreciate the originality and philosophical talent of some of these long neglected authors, particularly Marsh, Hickok, and Everett.Volume One reprints what would appear to be the first book on Hegelian "psychology" to be published in America: Psychology; or a View of the Human Soul, by Frederick Augustus Rauch (1841). Rauch (1806-41) was a German emigrant classicist who became enamored with Hegelian philosophy during his student years and was particularly influenced by the Heidelberg theologian Charles Daub. In America, Rauch became head of the Classics Department at Marshall College, where he also taught theology and philosophy. Described as "the first enthusiastic Hegelian in the United States," Rauch's Hegelianism was of the "Old" or "Right" variety. Despite its title, "psychology" is the topic of only the second half of this volume, the first part of which is devoted to "anthropology." These divisions correspond almost exactly to the similarly titled sections of Hegel's "philosophy of subjective spirit," which is the obvious model for Rauch's Psychology. The latter, however, displays none of the dialectical power of Hegel's work and is larded with empirical observations and sundry opinions on a variety of topics. It is perhaps illuminating to discover that American "Hegelianism" can trace its roots to such an eccentric and unrigorous work, which was widely read and even adopted as a textbook by several colleges in the mid-nineteenth century and thus can be described as the book that begin the process of "introducing Hegelianism to America."Volume Two contains The Remains of the Rev. James Marsh, D.D.: Late President and Professor of Moral and Intellectual Philosophy in the University of Vermont; with a Memoir of His Life, edited by Joseph Torrey (1843). Marsh (1794-42), who was reputedly "the first American to study Kant," was a polymath who trained at Dartmouth College and at Andover and Union Seminaries as a classicist, theologian, and philosopher and then served for many years as the President of the University of Vermont. In addition to translating Herder and others, Marsh published the first American edition of Coleridge's Aids to Reflection, with an [End Page 229] introductory essay of his own. This work, the first edition of which appeared in 1829, proved to be extremely popular and was instrumental in introducing Kantian and post-Kantian speculation to the New World. Though one of the founders of the Transcendentalist movement in America, Marsh's... (shrink)

The connotations attached to the concept of 'risk' have changed over the last several decades. In particular, the image of risk, at least in the word's most economically advanced countries, has turned from predominantly positive to highly critical. A sociological look at this historic change reveals the emergence of a plurality of risk definitions that can be attributed to different risk cultures. We can distinguish risk cultures by their proximity to the dominant social practice of risk taking ; namely risk (...) cultures belong either to the centre or the periphery of society. Social movements that resist risky technologies are examples of a peripheral risk culture. Due to a certain concept of social community their perception of risk differs fundamentally from that of the centre. In addition, cultural variation across countries leads to different representations of risk-avoidance in social movements. This contribution illustrates these differences by comparing the American and German anti-nuclear movements. (shrink)

abstract: Taking a cue from Carilyn Chen's book about the Americanization of Taiwanese immigrant Buddhists, Getting Saved in America: Taiwanese Immigration and Religious Experience (2009), this essay narrates the process by which Vietnamese Catholics are "Americanized." Compared with the Taiwanese Buddhists, Vietnamese Catholics had the advantage of being members of a global Church, were from the beginning incorporated into the American Catholic Church, thereby enjoying the many benefits that this institutional incorporation brought with it, and were cared for pastorally (...) by their own clergy. On the other hand, because of their obligation to strict adherence to the legal structures of the Catholic Church, Vietnamese American Catholics were not free to innovate institutionally as they saw fit, as were their Buddhist counterparts. The essay ends with observations on the Americanization of Vietnamese American Buddhists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:AngloModern: Painting and Modernity in Britain and the United StatesJane DuranAngloModern: Painting and Modernity in Britain and the United States, by Janet Wolff. Ithaca: Cornell University Press, 2003, 172 pp.AngloModern, Janet Wolff's scintillating attempt to limn the construction of modernity in the visual arts, is more than worth reading for a number of reasons. In this work, she details how modernity positioned itself against a (...) number of strands of development, and then, by a process of exclusion, formulated its own stance. As poststructuralist theory has taught us, the procedures of building an excluded body against a center, when closely examined, frequently tell us more about a rubric or label than we could otherwise have imagined.Wolff is primarily concerned with three areas of exclusion/construction for the turn in the visual arts, painting in particular, that began at the opening of the twentieth century. Toward the beginning of the work, she notes that there was always a continuous realist and figurative genre at work even in modernist circles, but it seldom achieved anything like the recognition that the more typically abstract works we associate with the rise of modernism gained. She associates this area of nonrecognition with the work of women in particular, and these two areas alone — the realist/figurative and any work done by a woman artist — constitute two of her most important foci in AngloModern. In addition, and with some difficulty, since it adds a layer of complication, she is concerned about the exclusion and marginalization of Jewish artists during thisperiod — both in galleries and in thecommentary generated by the art world — although it is clear that many of the major "abstract" works associated with modernism were, in fact, produced by Jewish artists.Wolff is at her best in laying out in precise detail how it is that the culture of the art world throws up nearly insurmountable barriers against those deemed unworthy at a fairly early point in the construction of any new movement. The single strongest chapter in the work may well be the second, "Questions of Discovery: the Art of Kathleen McEnery," in which Wolff shows how various processes of categorization kept the work of this extremely talented woman from receiving anything like the recognition it deserved for a long period of time. Wolff sums up her overall project, and how it will relate to an artist such as McEnery, in her Introduction, when she writes:The story of modern art that is challenged [in her book] is the narrative tracing the development of Western painting from France to the United States, in a lineage more or less running from Manet and Post-Impressionism, by way of Cubism and Surrealism, to Abstract Expressionism. It is a story produced and reinforced by critics, academics, curators, and museum directors.(p. 3)Women artists, for example, were frequently excluded not only becausethey were women, but because they may have tended to engage in painting that was more realist, which itself [End Page 118] became coded as "feminine," and so forth. McEnery's intriguing portraits of the early two decades of the twentieth century were "discovered," as Wolff notes for the l987 inaugural exhibition of the National Museum of Women in the Arts, despite the fact that McEnery had at one point been fairly well-known (pp. 41-42). A woman at work in a figurative tradition, and working in suburban circles far away from the geographical centers of the art world, she was quickly at the mercy of the canonical forces of art historical construction.As we attempt to educate our students about rubrics, social movements, and the relationship of the arts to the political events of an era, we can do little better than to cite, for illustrative purposes, a number of interesting cases, and Wolff does just that. In sharp and incisive prose, she not only investigates McEnery's disappearance from the approved version of the early American modernist scene, but she also examines the construction of the early group displayed at the Whitney, the notion of the "feminine" in the work of Simmel and Benjamin, and, finally, the notion of the "Jewish artist." As her exemplar for the... (shrink)

Diverse legal and regulatory measures are used internationally to control the information provided during pharmaceutical sales visits. Little is known about the comparative effectiveness of these measures however. We analyzed the perceptions of regulators, pharmaceutical industry officials, health professionals, and consumer respondents concerning these approaches in Canada, France, and the United States using an empirical realist interests-based approach. Interviews focused on the aims and effectiveness of regulation, barriers and enablers to regulation and suggestions for improvement. An alignment (...) was found in North America regulator and industry respondents' satisfaction with the status quo and their view that further intervention is unfeasible and unnecessary. Health professionals generally expressed a lack of confidence in the impact of regulations on sales visit information while consumer advocates voiced their disappointment in both regulators and health professionals for their failure to counteract the influence of pharmaceutical marketing. Regulator and industry respondents in France differed from their North American counterparts in their willingness to increase and diversify the scope of regulatory interventions. As the first international comparison of regulatory experiences in this sector, the findings highlight the universal need for more focused and inclusive discussions among groups about how to tailor regulations to achieve public health goals. (shrink)

This book provides the first complete, literal English translation of Alexis de Tocqueville’s and Gustave de Beaumont’s first edition of On the Penitentiary System in the United States and Its Application to France. The work contains a critical comparison of two competing American penitentiary disciplines known as the Auburn and Philadelphia systems, an evaluation of whether American penitentiaries can successfully work in France, a detailed description of Houses of Refuge as the first juvenile detention centers, and (...) an argument against penal colonization. The work provides valuable insights into understanding Tocqueville as a statesman, as well as a comparative look at civic engagement in early American and French penal reform movements. The Translator’s Introduction provides historical context for understanding Tocqueville’s work in French penal reform and the major themes of the report. The book thus fills a void in Tocquevillian studies and extrapolates the roots of American and French criminal justice systems in the nineteenth century. (shrink)

The theology of John Calvin has deeply affected the American mentality through two streams of thought, Puritanism and Jansenism. These traditions formulate moral problems in terms of absolute, clear principles and avoid casuistic analysis of moral problems. This approach is designated American moralism. This article suggests that the bioethics movement in the United States was stimulated by the moralistic mentality but that the work of the bioethics has departed from this viewpoint. Keywords: bioethics, Calvinism, casuistry, (...) Jansenism, moralism, moral principle, Puritanism CiteULike Connotea Del.icio.us What's this? (shrink)

Seed rematriation is a rising movement within greater efforts to improve seed and food sovereignty for Native American communities in the United States. As a feminized reframing of repatriation, rematriation seeks to heal Indigenous relationships with food, seeds, and landscapes. Since first contact, Native agricultural practices have been systematically targeted by colonization, resulting in the diminished biodiversity of cultural gardening systems. Of this vast wealth, many varieties exist today solely under the stewardship of non-Native institutions. Seed (...) rematriation is therefore the process and movement by which Native nations reclaim their cultural seed heritages. Once seeds are returned to the hands and soils of their home communities, Indigenous Nations can reestablish healthy, diverse, and sustainable seed and foodways for generations to come. This article explores the history of the term rematriation within Indigenous sovereignty scholarship as well as its evolving interpretations and applications. Considering how the seed rematriation movement has been shaped by several seed keepers in the Midwest reveals the cultural understandings and significances that underpin this work across many aspects of Indigenous lifeways. The resulting discussion from ethnographic material demonstrates why seed reclamation and seed sovereignty movements in the Midwest uphold Native nationhood through both resurgence and refusal. The Indigenous processes of recognizing and reclaiming seeds work beyond recovering agricultural knowledge to also mend severed kin relationships, rejuvenate cultural knowledge, and reestablish authority over Indigenous food systems. (shrink)

The learning disability construct gained scientific and political legitimacy in the United States in the 1960s as an explanation for some forms of childhood learning difficulties. In 1975, federal law incorporated learning disability into the categorical system of special education. The historical and scientific roots of the disorder involved a neuropsychological discourse that often conflated lower social class identity and learning disability. Lower class, often urban, families were viewed as providing insufficient intellectual stimulation for their young children, (...) thereby causing learning problems. This paper undertakes a historical analysis of a particular form of this class-based political discourse—romantic agrarianism—developed by leading learning disability researchers Newell Kephart and Marianne Frostig in the 1960s. (shrink)

This book brings together two seminal works by George Santayana, one of the most significant philosophers of the twentieth century: Character and Opinion in the United States, which stands with Tocqueville's Democracy in America as one the most insightful works of American cultural criticism ever written, and The Genteel Tradition in American Philosophy, a landmark text of both philosophical analysis and cultural criticism. An introduction by James Seaton situates Santayana in the intellectual and cultural context (...) of his own time. Four additional essays include John Lachs on the ways Santayana's understanding of the soul of America help explain the relative peace among nationalities and ethnic groups in the United States; Wilfred M. McClay on Santayana's life of the mind as it relates to dominant trends in American culture; Roger Kimball on Santayana's most uncommon benefice, common sense; and James Seaton on Santayana's distinction between English liberty and fierce liberty. All the essays serve to highlight the relevance of Santayana's ideas to current issues in American culture, including education, immigration, and civil rights. (shrink)

This book brings together two seminal works by George Santayana, one of the most significant philosophers of the twentieth century: _Character and Opinion in the United States,_ which stands with Tocqueville’s _Democracy in America_ as one the most insightful works of American cultural criticism ever written, and “The Genteel Tradition in American Philosophy,” a landmark text of both philosophical analysis and cultural criticism. An introduction by James Seaton situates Santayana in the intellectual and cultural context (...) of his own time. Four additional essays include John Lachs on the ways Santayana’s understanding of “the soul of America” help explain the relative peace among nationalities and ethnic groups in the United States; Wilfred M. McClay on Santayana’s life of the mind as it relates to dominant trends in American culture; Roger Kimball on Santayana’s “most uncommon benefice, common sense”; and James Seaton on Santayana’s distinction between “English liberty” and “fierce liberty.” All the essays serve to highlight the relevance of Santayana’s ideas to current issues in American culture, including education, immigration, and civil rights. (shrink)

At the beginning of the sixteenth century, in the lands that are now the United States (the forty-eight contiguous states, Alaska and Hawaii), there must have been many hundreds of distinct languages. Fewer than two hundred remain, and the future of these is decidedly insecure, even where the remoteness of the location (in the case of Inuit in Northern Alaska) or the large size of the speech community (in the case of Navajo in the Southwest) might seem (...) to protect the community from language loss. Yet even this vastly reduced reservoir of linguistic diversity constitutes one of the great treasures of humanity, an enormous storehouse of expressive power and profound understandings of the universe. The loss of the hundreds of languages that have already passed into history is an intellectual catastrophe in every way comparable in magnitude to the ecological catastrophe we face today as the earth's tropical forests are swept by fire. Each language still spoken is fundamental to the personal, social and - a key term in the discourse of indigenous peoples - spiritual identity of its speakers. They know that without these languages they would be less than they are, and they are engaged in the most urgent struggles to protect their linguistic heritage. The goal of this paper is to review the contexts and practices of this struggle, in the hope that people everywhere will support it. (shrink)

The cultural turn in copyright law identified authorship as a rhetorical construct employed by economic interests to strengthen claims to property rights. Grassroots intellectual property political movements have been seen as both a means of countering these interests’ everexpanding proprietary control of knowledge and establishing a more public regarding copyright system. This Article examines one of the most notable intellectual property political movements, the emergence of late nineteenth-century agitation to provide copyright protection for foreign authors as a social (...) movement. It places this political and legal activism within the larger framework of Progressive Era reform. During this period, activists promoted the idea of the public — and not simply the author — as primary to the workings of American copyright. The framing of the purposes of copyright, the appeal to a broader public, and the complex negotiations surrounding the passage of an international copyright act after a long period of gestation was formative to the creation of modern United States copyright law. Ironically, the movement for international copyright also sharpened the identification of interest groups. The first modern American comprehensive copyright legislation, the 1909 Copyright Act, was drafted by gathering together these groups for negotiations remarkably similar in style to those which led to the protection of the rights of foreign authors — but which would strongly embrace a proprietary model. (shrink)

Despite far‐reaching historical and political differences, and despite legal systems that reflect altogether different traditions, the United States and Austria manifest striking similarities where some aspects of their respective development of constitutional review are concerned. For example, on the constitutional review of federalist issues (competing claims of federal and state law), the review power was there from the beginning in both countries. And both countries developed a power of constitutional review reaching to the enactments of the federal (...) legislature. In a brief sketch of aspects of the early development of constitutional review in both countries, the author looks, in particular, to the kinds of arguments made on behalf of constitutional review in the American and Austrian legal systems. (shrink)

The academic community in the West tends to be suspicious of Russian philosophy, often relegating it to another category, such as “ideology” or “social thought.” But what is philosophy? There is no simple universal definition, and many thinkers consider it impossible to formulate one. The most credible attempt is nominalistic: philosophy is the practice in which Plato and Aristotle were involved. As Alfred North Whitehead wrote, “The safest general characterization of the European philosophical tradition is that it consists of a (...) series of footnotes to Plato.”If so, then Russian thought needs to be understood as an important part of the Western philosophical heritage, given that it offers perhaps the most elaborate set of footnotes to Plato's most mature and comprehensive dialogues: the Republic and the Laws. The status of ideas in Russian philosophy mirrors Plato's vision of them as ontological and political entities, “laws,” or ideal principles—as distinct from mere epistemic units or tools of cognition. The Platonic tendency to integrate and implement religious, philosophical, and political teachings culminated in twentieth-century Russia. In the Soviet state, perhaps more than anywhere else in history, philosophy became a supreme legal and political institution, acquiring the power of a suprapersonal, universal reason. Hence thought itself, in the moment of its triumph, became a prisoner in the social structures that Soviet ideocracy erected on a philosophical foundation. In discussing Russian philosophy, we inevitably consider the practical application of Platonic conceptions by the Soviet ideocracy to a state in which philosophy was called upon to rule.According to Sergei Averintsev, the emphasis on Platonism in the Russian intellectual tradition is nothing to be proud of; it should rather be lamented and repented. Despite the obvious Platonic preferences of Russian thinkers (from Ivan Kireyevsky to Aleksei Losev), Averintsev asks whether even now we might be able to reorient the tradition toward Aristotle instead—toward a more secular, tolerant, and analytic philosophy of human nature. “If Plato is the first utopian,” Averintsev writes, “Aristotle is the first thinker to look the spirit of utopia right in the eye and overcome it.... Aristotle's technique of thought is more neutral toward religion than is Plato's ecstasy.” Characteristically, the name index to the Palgrave Handbook of Russian Thought contains almost twice as many mentions of Plato as of Aristotle.Each national tradition has its own “strange attractor,” as they say now in complexity theory. English empiricism, French rationalism, German Idealism, American pragmatism... However stereotypical these generalizations are, they help to clarify the nations’ distinctive contributions to philosophy. Where does Russia stand in this row? I think that Caryl Emerson is correct to pinpoint, among the most distinctive features of the Russian intellectual tradition, the striving for “wholeness” (tselostnost’). Many Russian thinkers seem to evade definitive and particular “isms,” preferring to find ways of complementing (and thus diluting) those that are on offer. Faced with the claims for rationalism, for example, the Russian response tends to be that true rationality is or should be coupled with fullness of feeling. The characteristic Russian “ism” is at best “holism,” at worst “totalitarianism,” and is usually directed against Western thought. Kireyevsky declares: There [in the West] is a bifurcation [razdvoenie] of the spirit, a bifurcation of thoughts, a bifurcation of the sciences, a bifurcation of the state, a bifurcation of estates, a bifurcation of society, a bifurcation of family rights and duties, a bifurcation of morality and the heart.... In Russia, on the contrary, there is a predominant tendency toward the wholeness of the inner and the outer, of public and moral being.Vladimir Solovyov held that the goal of all knowledge was to comprehend “total unity” and to overcome all kinds of unilateralism, which he referred to as “abstract elements” (otvlechennye nachala). These one-sided elements included Realism, rationalism, empiricism, and positivism, all of which had been advanced by Western philosophical movements.Reading the Handbook, I was struck by how steadily, from one thinker to another, the concept of “unity” is reiterated in various synonyms and contexts: “all-unity,” “wholeness,” “totality,” “integrity,” “edinstvo,” “tsel'nost,’” “tselostnost,” “sobornost,” and so forth. Russian thinkers endeavor not to create something original and special but to unify everything that has already been done and known. Consider opponents, like the Slavophiles and Westernizers; take Petr Chaadaev and Vissarion Belinsky, Kireyevsky and Alexander Herzen, Dostoevsky and Solovyov—all are united by this “super-idea,” proclaiming its embodiment to be the all-embracing vocation of the Russian people. At the same time, they sharply reject all “private principles” and “trashy certainty” (Belinsky's driannaia opredelennost’)—anything that restricts and divides individuals or nations. All these forms of privacy and particularity must be overcome on the way to a universal whole that is even greater in scale than Western Catholicism. According to this logic of totality, we would be better off left with nothing than to be content with the particular and the limited. The first original Russian thinker, Chaadaev (1794–1856), makes the salto mortale of declaring Russia a country that has given nothing to the world, then proclaiming that Russia's destiny is to rise above the rest of the world and resolve all its contradictions. From nothing to everything: such are the philosophical foundations for the totalitarian aspiration of Russian thought, which eventually expressed itself in the revolutionary movements and communist experiments of the twentieth century.As is well known, Russian literature is considered in the West a far more powerful and original expression of philosophical ideas than Russian philosophy as such. Characteristically, then, almost half of the Handbook, its entire second part, is devoted to the dialogue of Russian philosophy with literature and art. As M. N. Forster remarks in the Handbook's concluding essay: “It is natural to wonder why this striking asymmetry between relatively modest achievements in pure philosophy and spectacularly high achievements in literature came about.” To the literary focus of Russian philosophy, we can add a political focus. At least a third of part one of the Handbook is devoted to Russian political and revolutionary philosophy, to Lenin and other Marxists, to Ivan Ilyin, and so on. In this context, both literature and politics assumed philosophical dimensions, often overshadowing philosophy itself.Bertrand Russell lamented that the system of philosophical categories in the West featured mostly nouns (being, consciousness, idea, matter, substance, and so forth), omitting adjectives, verbs, prefixes, and other parts of speech. This criticism should be applied to the category philosophy itself. Why the noun philosophy rather than the adjective philosophical, which can be applied to many areas of activity and creativity, including literature and politics?In Russian intellectual history, the philosophical, rather than philosophy, is the predominant category. The state, ideology, economics, politics and geopolitics, literature, art, warfare, space exploration—all these spheres in Russia and the USSR have been and remain abundantly philosophical, subordinated to certain philosophical tasks, though philosophy as such has never been as developed and sophisticated as in the West. As a discipline, Western philosophy “outsourced” itself to Russian disciples, leaving it to Dostoevsky and Tolstoy, Lenin and Trotsky, to test in literary and political practices a host of Western philosophical ideas, from those of Plato, Rousseau, and Hegel to those of Feuerbach, Marx, and Nietzsche.Likewise, the verb to philosophize is used in ways unusual and awkward in the West. “It is characteristic of the Russian people to philosophize [filosofstvovat'],” as Nikolai Berdyaev observed: “An illiterate Russian peasant likes to pose questions of a philosophical nature—about the meaning of life, about God, about eternal life, about evil and untruth, about how to realize the Kingdom of God.” The philosophical and philosophizing, as attributes and actions of the state and society, overpowered philosophy as a noun—as an academic discipline, if you will. Russian philosophy has had a very modest impact on the West, but the impact of the philosophical has been immense. Nineteenth-century Russian literature influenced Western culture with its philosophical interrogations and existential dilemmas, just as, in the twentieth century, the USSR influenced the West with the philosophical ideas (Marxism, materialism, dialectics, collectivism, socialism, communism) that determined Soviet ideology, politics, and economics.In the USSR of the 1920 and 1930s, for instance, philosophy as an independent academic subject was in a subdued position, as a servant of party ideology. But, meanwhile, the sphere of the philosophical spread to such distant domains as theater (Stanislavsky), physiology (Pavlov), and agriculture (Michurin), with all such activities glorified and sponsored by the state as “philosophically correct”—as faithful to “materialism” and “Realism.” Paradoxically, in the quintessentially philosophical state that was the USSR, the state of philosophy, with the repression of all independent thought and thinkers, was miserable. The fateful and often disastrous originality of Russian philosophy consisted precisely in its dissemination to other areas, in an act of kenosis or self-transcendence that can be viewed both as an aggressive philosophical appropriation of politics, economics, ideology, and literature—and as philosophy's sacrificial devotion to the world beyond its professional boundaries.So there are three features that make Russian thought relevant and dangerous: its Platonic utopian aspiration; its spirit of totality; and its tendency to transcend the boundaries of academic philosophy and to philosophize society, politics, and life in general. Russian philosophy has not been as good at explaining the world as at changing it, sometimes ethically and poetically, sometimes violently and aggressively. Teachers and students of Russian culture should be deeply motivated to draw more attention to the philosophical in Russia and to raise its status in the Western academy. In my view, we would do better service to Russian philosophy if we are frank enough to qualify it as dangerous, sometimes very toxic and addictive, fraught with totalistic tendencies. This philosophy is the voice of the “underground,” both in the Dostoevskian and Leninist senses.At the same time, however, the antidotes concocted in the Russian metaphysical laboratory are of enormous value: the Russian versions of personalism, existentialism, secular and religious liberalism, neorationalism, culturology, conceptualism, and postmodernism. These movements, which counteract totalization, need to be studied precisely because they were cooked up and tested under the same extreme conditions in which the most dangerous intellectual poisons have been produced. (shrink)

I argue that there has been inadequate attention to and questioning of the dominance and normativity of whiteness in the cultural construction of bioethics in the United States. Therefore we risk reproducing white privilege and white supremacy in its theory, method, and practices. To make my argument, I define whiteness and trace its broader social and legal history in the United States. I then begin to mark whiteness in U.S. bioethics, recasting Renee Fox's sociological marking (...) of its American-ness as an important initial marking of its whiteness/WASP ethos. Furthermore, I consider the attempts of social scientists to highlight sociocultural diversity as a corrective in U.S. bioethics. I argue that because they fail to problematize white dominance and normativity and the white-other dualism when they describe the standpoints of African-American, Asian-American, and Native-American others, their work merely inoculates difference and creates or maintains minoritized spaces. Accordingly, the dominant white center of mainstream U.S. bioethics must be problematized and displaced for diversity research to make a difference. In conclusion, I give several examples of how we might advance the recommended endeavor of exploring our own ethnicity, class, and other social positioning and norms operating in U.S. bioethics, briefly highlighting "white talk" as one challenge. (shrink)

This paper examines Ralph Barton Perry's analysis of the ‘ego-centric predicament’. It will be shown that Perry convincingly argued against prevailing contemporary versions of idealism and that it makes perfectly good sense to consider him a precursor of subsequent trends in American analytic philosophy. Perry's appraisal and promotion of the contemporary logic of relations in the framework of early twentieth-century American neorealism provides further evidence of his being a proto-analytic philosopher. His personal acquaintance with Bertrand Russell proved instructive (...) in this regard. On the whole, Perry's distinctive approach to philosophy was instrumental in establishing the analytic style of reasoning in the United States. This paper is devoted to substantiating this claim. It is thus hoped that a clearer picture of early twentieth-century American philosophy will begin to emerge. (shrink)

McCarthy and Howard (2023) advocate for supported decision making for patients with intellectual and developmental disabilities (IDD). Departing from the “mental prosthesis” model of supported deci...

This essay strives to bring together the institutional history of phenomenological psychology within the American academy from the middle of the 20th century to the current moment. Although phenomenological psychology has always been a dynamically international and interdisciplinary movement, the scope of this essay is limited to the different ways in which this new field expressed itself in certain psychology departments and educational institutions across the United States. After presenting this institutional history, and some individual contributors, (...) a brief commentary is offered. (shrink)

Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action (...) to address variation in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act and the rationale for these recommendations. (shrink)

This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining the areas of (...) the brain that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

This article examines the political controversy in the United States surrounding a new process for the disposition of human remains, alkaline hydrolysis. AH technologies use a heated solution of water and strong alkali to dissolve tissues, yielding an effluent that can be disposed through municipal sewer systems, and brittle bone matter that can be dried, crushed, and returned to the decedent’s family. Though AH is legal in eight US states, opposition to the technology remains strong. Opponents (...) express concerns about public health and safety and about the dignity of our mortal remains. Proponents focus on AH’s environmental benefits over cremation and earth burial, aligning the technology with the “green burial” movement. Drawing from historical sources, Science, Technology, and Society literature, interviews with funeral professionals, industry literature, and various media sources, this article examines four prominent conceptions of the dead human body as they are deployed by various funeral stakeholders seeking to exercise authority over the dead human body, to influence the trajectory of AH technology in the United States, and to chart a course for US deathcare culture in the twenty-first century. (shrink)

El siguiente trabajo tiene como objetivo principal describir y analizar la percepción de Manuel Baldomero Ugarte sobre Estados Unidos. Ugarte fue literato y político, pero también fue un pensador interesado por los asuntos internacionales de América Latina. Evidencia de ello son sus propuestas integracionistas y antiimperialistas, en las cuales la presencia de Estados Unidos era evidente. Debido a lo anterior, se estima conveniente explicar qué pensó Ugarte sobre la nación norteamericana, y desde esa perspectiva, contribuir a la discusión sobre tan (...) trascendental intelectual latinoamericano. The purpose of this work is to describe and analyze the perception of Manuel Baldomero Ugarte about the United States. Ugarte was a writer and a politician, but it was also a thinker interested in the Latin America’s international affairs. Testimony of this are his integrationist and anti-imperialist proposals, in which the U.S. presence was evident. Thus, it is considered advisable to explain what he thought about the American nation, and from this perspective, to contribute to the discussion around this important Latin American intellectual. (shrink)

Joel Spring’s history of school polices imposed on dominated groups in the United States examines the concept of deculturalization—the use of schools to strip away family languages and cultures and replace them with those of the dominant group. The focus is on the education of dominated groups forced to become citizens in territories conquered by the U.S., including Native Americans, Enslaved Africans, Chinese, Mexicans, Puerto Ricans, and Hawaiians. In 7 concise, thought-provoking chapters, this analysis and documentation of how (...) education is used to change or eliminate linguistic and cultural traditions in the U.S. looks at the educational, legal, and social construction of race and racism in the United States, emphasizing the various meanings of "equality" that have existed from colonial America to the present. Providing a broader perspective for understanding the denial of cultural and linguistic rights in the United States, issues of language, culture, and deculturalization are placed in a global context. The major change in the 8 th Edition is a new chapter, "Global Corporate Culture and Separate But Equal," describing how current efforts at deculturalization involve replacing family and personal cultures with a corporate culture to increase worker efficiency. Substantive updates and revisions are made throughout all other chapters. (shrink)

The United States has dealt with issues on immigration for over a century. The largest wave of immigration before the late 20th century began in the 1870s and peaked in 1910. In the past few decades, the United States has dealt overwhelmingly with the issue of undocumented immigrants. This challenge has led to different approaches to immigration reform and to help regulate the influx of immigrants across its borders. Generally, however, there have been two major sets (...) of voices indicative of the opinion of the American populace. One group has called for tighter immigration rules to prevent the easy entry of undocumented immigrants who have been branded as criminals. The other group has taken a moral and ethical stance to permit the entry of immigrants and to formulate a process for their legal residency. These two opposing views have triggered an ongoing discussion on undocumented immigrants. (shrink)

The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic (...) desire to reform the world. In that respect, the shaping of a so-called “world community,” America is challenging continental Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and hostile reactions. (shrink)

The Marcusean concept of one-dimensionality is used to explore contradictions of organized labor. Since the original 1964 publication of One-Dimensional Man, the labor movement has suffered significant losses in membership and power. This essay examines the current relevance of Marcuse’s description of the increasing integration and collusion of organized labor with business, the loss of the union’s role as radical/revolutionary subject, and the containment of organized labor as an oppositional force. The specific mechanisms found in the structure, culture, logic, (...) and legal constraints that characterize the deradicalization of organized labor are critically reviewed. (shrink)

Over recent years religious conservatives in the United States have fervently contested the idea of a liberal, secular public sphere. This article urges scholars to consider that contest in light of the history of the New Christian Right (NCR) of the late 1970s and 1980s. NCR activists, intellectuals, lawyers, and government officials advanced a critique of Rawlsian political liberalism, one charging that public institutions were not the bastions of neutrality supposed by American liberals. Contrary to the U.S. (...) Constitution’s ban on an establishment of religion, this critique alleged, cultural elites and judges had lifted the “religion” of secular humanism up to a preferred status while attempting to purge the public sphere of Christianity. Focusing on a pair of federal court cases from the 1980s, this article considers one of the NCR‘s most fascinating strategies––defining as a “religion” the very secularism meant to contain religion to private life. (shrink)

In the past generation, restitution law has emerged as a global phenomenon. From its Oxbridge home, restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In contrast, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution, is meager. Similarly, while restitution, equity and tracing cases (...) receive considerable treatment at the highest levels of the English judiciary, US courts seem uninterested in these issues, rarely producing the theory-laden opinions that have become quite common in the House of Lords. The situation is particularly curious because restitution is generally thought to be the invention of late nineteenth-century American scholars. This article explains this divergence. I argue that the Commonwealth restitution discourse is largely a product of pre- or anti-realist legal thought which generates scepticism within the American academic-legal establishment. The article identifies the two dominant camps in American private law thought—left-leaning redistributionalists and the centre-right legal economists—and shows that neither has any use for the Commonwealth's discourse. I conclude by analysing the emerging drafts of the Restatement of Restitution and forecast the future of American restitution law. (shrink)

This richly woven history ranges from the seventeenth century to the present as it masterfully traces the movement of American women out of the home and into the public sphere. Matthews examines the Revolutionary War period, when women exercised political strength through the boycott of household goods and Elizabeth Freeman successfully sued for freedom from enslavement in one of the two cases that ended slavery in Massachusetts. She follows the expansion of the country west, where a developing frontier (...) attracted strong, resourceful women, and into the growing cities, where women entered public life through employment in factories and offices. Matthews illuminates the contributions of such outstanding Civil War women as Mary Ann "Mother" Bickerdyke, who supervised a cattle drive down the banks of the Mississippi so that soldiers would have fresh milk; Clara Barton, whose humanitarian work on behalf of the International Red Cross led her to become the first American woman to serve as official representative of the federal government; and Sojourner Truth, the impassioned black orator who devoted herself to emancipation. And Matthews brings the narrative to the 1970s, detailing the growing presence of women in American politics--from the suffrage marches of the early twentieth century, to the courageous stands women took during the civil rights movement of the 1960s. A fascinating and perceptive look at women throughout our history, The Rise of Public Woman offers an important perspective on the changing public role of women in the United States. (shrink)

It was in the mid-twentieth century that the independent theatrical form based entirely on improvisation, known now as improvisational/improvised theatre, impro or improv, came into existence and took shape. Viola Spolin, the intellectual and the logician behind the improvisational movement, first used her improvised games as a WPA worker running theater classes for underprivileged youth in Chicago in 1939. But it was not until 1955 that her son, Paul Sills, together with a college theater group, the Compass Players, (...) used Spolin’s games on stage. In the 1970s Sills made the format famous with his other project, the Second City. Since the emergence of improv in the US coincides with the renaissance of improvisation in theater, in this paper, I will look back at what may have prepared and propelled the emergence of improvised theater in the United States. Hence, this article is an attempt to look at the use of improvisation in theater and performing arts in the United States in the second half of the 20th century in order to highlight the various roles and functions of improvisation in the experimental theater of the day by analyzing how some of the most influential experimental theaters used improvisation as a means of play development, a component of actor training and an important element of the rehearsal process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist Women and Interfaith Work in the United StatesKate DuganWomen from a wide array of backgrounds and interest areas continue to shape the face of Buddhism in the United States—from women who encountered Buddhism during the women's movement in the 1960s to ordained women founding temples for large immigrant populations; from women carving out a space for Buddhism in colleges and universities to Buddhist women (...) engaged in interfaith dialogue and working in interreligious settings. As Buddhist scholar Rita Gross notes, the experiences of women in Buddhism in the United States are wide and varied.1Increasingly, whether they are ordained Buddhist nuns or are Buddhist activists, women in the United States are engaging with questions of interfaith conversations within this multireligious nation. Around the country, Buddhist nuns dialogue with their Catholic counterparts. In local communities, Buddhist women assume leadership roles in interfaith groups. Behind prison walls, women offer Buddhist meditation instruction. Some women introduce tenets of Buddhism to their communities, while others promote justice with people from various faith traditions. On college campuses, Buddhist women work as chaplains and women Buddhologists integrate Buddhism and interfaith dialogue into their academic interests. This article aims to explore several snapshots of Buddhist women engaged in interfaith dialogue and working as Buddhists in interreligious settings; it is not intended to provide all-inclusive coverage of the many and diverse women in Buddhism in the United States engaged with an increasingly religiously diverse country.2Historical Glance: Buddhist Women and Interfaith Dialogue in the United StatesRita Gross suggests that women in the United States began practicing Buddhism in the 1960s and 1970s because "the basic teachings [of Buddhism] were gender-free and gender-neutral, and many found the practice of meditation... intensely liberating."3 Yet, the history of Buddhism is dominated by patriarchal structures and male-centered liturgical and ordination practices. As Buddhism [End Page 31] grew American roots, women found that "deeper explorations into the traditional texts revealed misogynistic passages as well as a strong overall tendency to favor men over women in matters of study and practice."4 No longer certain that Buddhism was any less fettered by patriarchy than other traditions, uneasiness bubbled within the experiences of Buddhist women.In the early 1980s, Cambridge Buddhist Association member Suzie Bowman noted the similarities among women's experiences of American Buddhism—including struggles of motherhood in a tradition that emphasizes the quiet of meditation halls and an alarming number of stories about abusive male teachers. In 1983, Bowman and the Providence Zen Center hosted a conference called "The Feminine in Buddhism"; seventy women attended. A two-day conference, with 120 participants, followed in 1984. In 1985, they hosted a three-day gathering.5These inspired budding Buddhist Sandy Boucher to take to the road to understand Buddhism in women's lives. She interviewed more than one hundred Buddhist women in their homes, workplaces, sangha. In Turning the Wheel: American Women Creating the New Buddhism, Boucher paints portraits of women in Buddhism in the United States in the mid 1980s—immigrant women from Asia who transplanted their Buddhism, white women who discovered Buddhism in tandem with feminism, women of color who encountered a white-dominated Buddhism. In these women's experiences, she suggests, is American Buddhism with "the possibility for the creation of a religion fully inclusive of women's realities."6Against this background, Rita Gross was blazing a trail for Buddhist women in interfaith dialogue. In 1980, an eager Gross attended the first International Buddhist-Christian Dialogue conference. She presented ideas that, twenty years later she says, encompassed "everything to which I have devoted my scholarly attention:... feminism, non-Christian religions, accurate information about world religions, Buddhism, Buddhism and feminism, interreligious interchange, even theology of religion."7 After this first splash, Rita Gross attended the 1984 International Buddhist-Christian Theological Encounter—the only woman in attendance.8 The organizers were eager to have more women participate; so was Gross. After that conference, she made her further involvement contingent upon more women's involvement. Because of this insistence, members did, and continue to, work toward equal gender representation.9 In 1992, Gross explained, from a personal perspective, the potential... (shrink)

There is an extensive literature comparing the politics, sociology and economics of the United States and Canada, but very little work comparing the role that public intellectuals play in the space of public opinion and how their ideas are received in both nations simultaneously. Noam Chomsky provides a theoretically useful example of an established academic and public intellectual whose reputation is deeply contested in both countries. Our comparative case study offers leverage to contribute to debates on the (...) sociology of knowledge, reputations, intellectuals, and the politics of professors using data from six major Canadian and American newspapers from 1995–2009 and an innovative coding of media portrayal. Earlier work has demonstrated that Chomsky is discussed as a public intellectual more prominently in Canada than in the United States (McLaughlin and Townsley in Canadian Review of Sociology, 48(4):341–368, 2011). Here we examine the comparative construction of a “public intellectual” reputation in the context of significant political change. We document small differences between the Canadian and American receptions of Chomsky, show change in the patterns of portrayal and number of publications over time, and offer an analysis of differences between political attacks and consecrations. We demonstrate more engagement with Chomsky’s political view in Canada than in the United States, a rise in Chomsky’s fame post 9/11, and illustrate clear political patterns in attempts to marginalize him. (shrink)

Nicholas Biddle, the president of the Second Bank of the United States during its fateful battle with the Jackson Administration, was the nation’s first true central banker. He was also a prolific writer whose widely followed speeches, reports, and expository letters to editors and legislators made him the nation’s leading spokesperson for the rising power of finance capital. Relating Biddle’s little-studied legal, legislative, and literary experience to his better-known banking career, this paper considers in turn two fundamental (...) problems of early American finance that Biddle confronted. One was a problem of regulation: while they were entrusted with quasi-sovereign authority over the money standard in the early United States, commercial banks could not actually control the circulation and value of the competing currencies they produced. Central banking, as Biddle conceived it, came partly in answer to bankers’ need to regulate the money supply as sovereigns once had. The second problem was one of representation: just when men of little or no property were gaining political power in the United States, and just when ordinary people were coming to rely on monetary transactions in qualitatively new ways, control over the supply of cash and credit was ceded to unelected bankers and faceless corporations. The logic of popular sovereignty appeared increasingly in tension with the sovereign privileges bestowed on state-chartered banks. Biddle’s vision of central banking arose, in large measure, in response to the ideological challenge of justifying the growing authority of banks and bankers in Jacksonian America. (shrink)

The political independence of the United States of America was proclaimed in a Declaration of Independence by the Second Continental Congress, in Philadelphia, on July 4, 1776. Thomas Jefferson drafted the document, and the changes made in the text reflected the struggle among different factions in the revolutionary camp. Jefferson's initial version was fundamentally retained, however; and that is precisely what makes the Declaration of Independence not merely a legal document but a vivid example of a bourgeois (...) revolutionary program expressing in concentrated form the ideology of the radical wing of the American Enlightenment. The form of the Declaration was an address to world public opinion explaining the causes and bases for the decisive political break of the 13 British colonies with the home country. In fact it provided a general philosophical justification for the validity of revolutionary change in the social order by the people. The Declaration became the legal ground for the American system of government, sanctioning its independence and serving as the basis for the documents of a constitutional nature that followed. The treatment of the nature of man and his rights is the most important feature of the revolutionary conclusions of the Declaration. (shrink)