The essays in Free Speech and Intellectual Diversity in Higher Education reflect diverse perspectives on one of the most pressing issues in higher education--the controversies over freedom of speech and its relation to intellectual diversity. Does the First Amendment apply on campuses and do its principles clarify or obscure the issues surrounding campus speech? What, after all, is the basis for those principles, and how do they relate to the purposes of the university? Is free speech trul...

In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscr...

When preserving our history, what do we choose to value, why, and who decides?Honorable Mention for the National Council on Public History Book Award of the National Council on Public HistoryIn 1994, when the National Air and Space Museum announced plans to display the Enola Gay, the B-29 sent to destroy Hiroshima with an atomic bomb, the ensuing political uproar caught the museum's parent Smithsonian Institution entirely unprepared. As the largest...

When preserving our history, what do we choose to value, why, and who decides?Honorable Mention for the National Council on Public History Book Award of the National Council on Public HistoryIn 1994, when the National Air and Space Museum announced plans to display the Enola Gay, the B-29 sent to destroy Hiroshima with an atomic bomb, the ensuing political uproar caught the museum's parent Smithsonian Institution entirely unprepared. As the largest...

An impassioned argument for the role of courts as a moral and social agent for change and protecting the vulnerable The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. Constitutional scholar Robert A. Burt explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective ...

Civil Society and Government brings together an unprecedented array of political, ethical, and religious perspectives to shed light on the complex and much-debated relationship between civil society and the state. Some argue that civil society is a bulwark against government; others see it as an indispensable support for government. Civil society has been portrayed both as a independent of the state and as dependent upon it. This book reveals the extraordinary diversity of views o...

The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.Post interprets...

Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism--and certain minority group rights in particular--make them more likely to continue and to spread to liberal democracies? Are there ...

Archbishop Rowan Williams is the most gifted Anglican priest of his generation. His views are consistent and orthodox and yet he has been consistently misunderstood - especially in relation to his views on contemporary society, public morality and the common good.In this, the final published work of his Archepiscopate, Dr Williams has assembled a series of chapters on matters of immediate public concern and the relationship of Christianity to these issues. Among his topics are 'Has...

Long recognized as one of the main branches of political science, political theory has in recent years burgeoned in many different directions. Close textual analysis of historical texts sits alongside more analytical work on the nature and normative grounds of political values. Continental and post-modern influences jostle with ones from economics, history, sociology, and the law. Feminist concerns with embodiment make us look at old problems in new ways, and challenges of new technologies...

Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project restin...

Tolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents.Dislike, disapproval, and regulation l...