In this compelling study of labor and nationalism during and after Namibia's struggle for liberation, Gretchen Bauer addresses the very difficult task of consolidating democracy in an independent Namibia. Labor and Democracy in Namibia, 1971-1996 argues that a vibrant and autonomous civil society is crucial to the consolidation of new democracies, and it identifies trade unions, in particular, as especially important organizations of civil society. In Namibia, however, trade unions have emerged from the liberation struggle and the first years of independence in a weakened state. Dr. Bauer gives a lucid explanation for this phenomenon by tracing the origins and evolution of the trade unions in Namibia and discusses the implications thereof for the future of democracy in Namibia.
Based on material not widely available before independence in 1990, this study takes a critical look at the nationalist movement in Namibia. Through the use of dozens of interviews with political leaders, trade unionists, community activists, and others, Bauer offers the controversial suggestion that there are many within the nationalist movement (now the ruling party in government) who would rather not see a strong trade union movement (or any other potential rival) emerge in independent Namibia.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.
What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.
How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.
Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
In the 1920s and 1930s, Egypt’s reformers equated liberal notions of nationhood and citizenship with European civilization and culture. As Maghraoui demonstrates, in their efforts to achieve liberalization, they sought to align Egypt with the West and to dissociate it from the Arab and Islamic worlds. Egypt’s professionals and leading cultural figures attempted to replace the fez with European-style hats; they discouraged literary critics from studying Arabic poetry, claiming it was alien to Egyptian culture. Why did they feel compelled to degrade local cultures in order to accommodate liberal principles?
Drawing on the thought of Lacan, Fanon, Said, and Bhabha, as well as contemporary political theory, Maghraoui points to liberalism’s inherent contradiction: its simultaneous commitments to individual liberty and colonial conquest. He argues that when Egypt’s reformers embraced the language of liberalism as their own, they adopted social prejudices built into that language. Efforts to achieve liberalization played out—and failed—within the realm of culture, not just within the political arena. Opinions voiced through literary works, cartoons, newspaper articles on controversial social issues, and other forms of cultural expression were ultimately more important to the fate of liberalism in Egypt than were questions of formal political participation and representation. Liberalism without Democracy demonstrates the powerful—and under appreciated—role of language and culture in defining citizenship and political community.
Somehow people continue to imagine a world of justice against the odds of a deck that has been stacked against them. In her urgent and perceptive book, Life in and against the Odds, Hoechst focuses on the particular circumstances and conditions of different phases of speculative expansion in the United States. She traces the roots of the nation-state to nineteenth-century land markets and slave exchanges. Hoechst also chronicles how these racial foundations extend through corporate capitalism from the 1920s and ´30s to the present era of financialized capitalism and the recent housing bubble.
Life in and against the Odds identifies where and how speculative nationalism creates roadblocks to freedom. Hoechst retells the history of the United States with a perspective on how human lives are made, destroyed, reconfigured, and claimed under the systemic violence of a nation that is rooted in the racializing futurity of speculative capitalism.
In Lincoln Lessons, seventeen of today’s most respected academics, historians, lawyers, and politicians provide candid reflections on the importance of Abraham Lincoln in their intellectual lives. Their essays, gathered by editors Frank J. Williams and William D. Pederson, shed new light on this political icon’s remarkable ability to lead and inspire two hundred years after his birth.
Collected here are glimpses into Lincoln’s unique ability to transform enemies into steadfast allies, his deeply ingrained sense of morality and intuitive understanding of humanity, his civil deification as the first assassinated American president, and his controversial suspension of habeas corpus during the Civil War. The contributors also discuss Lincoln’s influence on today’s emerging democracies, his lasting impact on African American history, and his often-overlooked international legend—his power to instigate change beyond the boundaries of his native nation. While some contributors provide a scholarly look at Lincoln and some take a more personal approach, all explore his formative influence in their lives. What emerges is the true history of his legacy in the form of first-person testaments from those whom he has touched deeply.
Lincoln Lessons brings together some of the best voices of our time in a unique combination of memoir and history. This singular volume of original essays is a tribute to the enduring inspirational powers of an extraordinary man whose courage and leadership continue to change lives today.
Contributors
Jean H. Baker
Mario M. Cuomo
Joan L. Flinspach
Sara Vaughn Gabbard
Doris Kearns Goodwin
Harold Holzer
Harry V. Jaffa
John F. Marszalek
James M. McPherson
Edna Greene Medford
Sandra Day O’Connor
Mackubin Thomas Owens
William D. Pederson
Edward Steers Jr.
Craig L. Symonds
Thomas Reed Turner
Frank J. Williams
A New York Times Book Review Editors’ Choice
In 1858, challenger Abraham Lincoln debated incumbent Stephen Douglas seven times in the race for a U.S. Senate seat from Illinois. More was at stake than slavery in those debates. In Lincoln’s Tragic Pragmatism, John Burt contends that the very legitimacy of democratic governance was on the line. In a United States stubbornly divided over ethical issues, the overarching question posed by the Lincoln-Douglas debates has not lost its urgency: Can a liberal political system be used to mediate moral disputes? And if it cannot, is violence inevitable?
“John Burt has written a work that every serious student of Lincoln will have to read...Burt refracts Lincoln through the philosophy of Kant, Rawls and contemporary liberal political theory. His is very much a Lincoln for our time.”
—Steven B. Smith, New York Times Book Review
“I'm making space on my overstuffed shelves for Lincoln’s Tragic Pragmatism. This is a book I expect to be picking up and thumbing through for years to come.”
—Jim Cullen, History News Network
“Burt treats the [Lincoln-Douglas] debates as being far more significant than an election contest between two candidates. The debates represent profound statements of political philosophy and speak to the continuing challenges the U.S. faces in resolving divisive moral conflicts.”
—E. C. Sands, Choice
Cervone describes how the Inca Atahualpa contested racial subordination by intervening in matters of resource distribution, justice, and cultural politics. Considering local indigenous politics and indigenous mobilization at the national and international levels, she explains how, beginning in the 1960s, state-led modernization created political openings by generating new economic formations and social categories. Long Live Atahualpa sheds new light on indigenous peoples operating at the crossroads of global capitalism and neoliberal reforms as they redefine historically rooted relationships of subordination.
Do democratic states bring about greater social and economic equality among their citizens? Modern India embraced universal suffrage from the moment it was free of British imperial rule in 1947—a historical rarity in the West—and yet Indian citizens are far from realizing equality today. The United States, the first British colony to gain independence, continues to struggle with intolerance and the consequences of growing inequality in the twenty-first century.
From Boston Brahmins to Mohandas Gandhi, from Hollywood to Bollywood, Nico Slate traces the continuous transmission of democratic ideas between two former colonies of the British Empire. Gandhian nonviolence lay at the heart of the American civil rights movement. Key Indian freedom fighters sharpened their political thought while studying and working in the United States. And the Indian American community fought its own battle for civil rights.
Spanning three centuries and two continents, Lord Cornwallis Is Dead offers a new look at the struggle for freedom that linked two nations. While the United States remains the world’s most powerful democracy, India—the world’s most populous democracy—is growing in wealth and influence. Together, the United States and India will play a predominant role in shaping the future of democracy.
Historically, it has been assumed that war is violence and declarations of war are simply public announcements that serve to initiate combat. Brien Hallett denies both assumptions and claims that war is policy, not violence.
The Lost Art of Declaring War analyzes the crucial differences between combat and war and convincingly argues that the power to "declare" war is in actuality the power to compose a text, draft a document, write a denunciation. Once written, the declaration then serves three functions: to articulate the political purposes of the war, to guide and direct military operations, and to establish the boundary between justified combat and unjustified devastation.
Hallett sounds a clarion call urging the people and their representatives to take up the challenge and write fully reasoned declarations of war. Then, and only then, can a civilized nation like the United States lay claim to being fully democratic, not only in peacetime, but in wartime as well.
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