DOCSLIB.ORG

Freedom of Expression and the Civic Republican Revival in Constitutional Theory: the Ominous Implications

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Freedom of Expression and the Civic Republican Revival in Constitutional Theory: the Ominous Implications California Law Review VOL. 79 MARCH 1991 No. 2 Copyright © 1991 by California Law Review, Inc. Freedom of Expression and the Civic Republican Revival in Constitutional Theory: The Ominous Implications Martin H. Redisht Gary Lippmant A modified form of civic republicanism has seen a recent revival in constitutionaltheory. The authors critique this "liberal" version of repub- licanism, specifically, its implicationsfor free expression. Though scholar- ship on the intersection of republicanism andfree expression is sparse, the authors extrapolatefrom the "communitarian determinative" model and the "external objective" model of republicanism and apply them to free speech. They argue that even those branches of modern republican theory that privilege communitarian self-determination over externally derived truths present extremely disturbing implicationsfor the viability of free speech theory in many of its traditionalapplications. INTRODUCTION: CIVIC REPUBLICANISM, AMERICAN DEMOCRATIC THEORY, AND FREEDOM OF EXPRESSION With a rush of celebratory rhetoric about the values of civic virtue, communitarian deliberation, and the preference for the common good t Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University. A.B. 1967, University of Pennsylvania; J.D. 1970, Harvard University. This Article formed the basis for a lecture delivered by Professor Redish as the Lorene Sails Higgins Distinguished Visitor at Lewis & Clark School of Law in March, 1991. T A.B. 1984, Rutgers University; J.D. 1990, Northwestern University. The authors would like to thank Ronald Allen, Randy Barnett, Linda Hirshman, Jane Larson, Gary Lawson, Larry Marshall, Michael Perry, Stephen Presser, and David Van Zandt for their comments on an earlier draft. The Article also benefitted from a faculty workshop at Vanderbilt University School of Law. CALIFORNIA LAW REVIEW [Vol. 79:267 over the pursuit of selfish private interests, modem constitutional theo- rists have begun a revival of classical civic republicanism.' These theo- rists are quick to point out, however, that their vision of civic republicanism differs substantially from the form the doctrine assumed at the time of the nation's founding, when it "prominently displayed[ ] mili- tarist, elitist, religious, and sexist sentiments."' The modem version does share with its spiritual parent a belief in "the notion of a common good ... made possible by 'practical reason' "I and a corresponding concern that social decisions not be made in response to narrow, selfishly moti- vated bargains among legislators and special interests.' The validity of modem civic republicanism is open to question on grounds of both logic and political theory. Once the morally deplorable elements from its past are excised, the classical concept of civic republi- canism may no longer be conceptually viable.' More importantly, although the "liberal''6 version of republicanism generally prohibits the pursuit of private interests, it makes some exceptions that are logically difficult to justify on any ground other than simple political or ideological preference.7 Modem civic republicanism also has disturbing implications 1. See, ag., Fallon, Vhat Is Republicanism, and Is It Worth Reviving?, 102 HARV. L. REV. 1695 (1989); The Republican Civic Tradition, 97 YALE L.J. 1493 (1988); Sherry, Civic Virtue and the Feminine Voice in ConstitutionalAdjudication, 72 VA. L. REv. 543 (1986); Sunstein, Interest Groups in American Public Law, 38 STAN. L. REV. 29 (1985); Siegel, The Marshall Court and Republicanism (Book Review), 67 TEx. L. REv. 903 (1989). This revival in constitutional theory follows comparable revivals by such historians as Pocock (J.POCOCK, THE MACHIAVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION (1975)) and Wood (G. WOOD, THE CREATION OF THE AMERICAN REPUBLIC, 1776-1787 (1969)), and political theorists such as Sandel (M. SANDEL, LIBERALISM AND THE LIMITS OF JUSTICE (1982)) and MacIntyre (A. MACINTYRE, AFTER VIRTUE (2d ed. 1984)). 2. Epstein, Modern Republicanism-Or the Flight From Substance, 97 YALE L.J. 1633, 1635 (1988); see also Siegel, supra note 1, at 921-22 (discussing Prof. White's characterization of the Marshall Court's modified republicanism as protecting property, liberty, and virtue). 3. Sunstein, Beyond the Republican Revival, 97 YALE L.J. 1539, 1541 (1988). 4. See ia at 1540, 1541, 1550. As Professor Fallon has written, classical republican theory posited that "there exists an objective public good apart from individual goods." Fallon, supra note 1, at 1698. In the words of one commentator: The burden of the communitarian position is that a healthy liberal society is not an aggregation of rights-protecting and interest-maximizing individuals but rather a community of public-spirited citizens oriented toward the common good. Some communitarians, as a consequence, identify with the tradition of civic republicanism, which they contrast with what they see as the rampant individualism of the liberal tradition. T. SPRAGENS, REASON AND DEMOCRACY 4 (1990). 5. See Kerber, Making Republicanism Useful, 97 YALE L.J. 1663, 1665 (1988) (emphasis in original): "[Tihe absence of the dependent classes-defined by race, gender and property-was essential to the republican view of the world, not an easily correctable accident." 6. Professor Sunstein often refers to the concept of "liberal republicanism." See, e.g., Sunstein, supra note 3, at 1541, 1566-71, 1576. 7. See id. at 1572 ("[S]ocial groups-especially the disadvantaged-should not . be prevented from invoking their private interests in the political process."). 1991] FREEDOM OF EXPRESSION for both constitutional theory and statutory construction.' The implications of the civic republican revival for the theory of free expression have not yet been fully explored. Civic republican scholars have paid only limited attention to such issues'-far less attention than they have devoted to the theories of equal protection,"0 statutory' con- struction,1 and the right of privacy.12 A detailed examination of repub- licanism reveals a number of extremely ominous signs for the viability of free speech theory in many of its traditional applications. Ascertaining the impact of civic republicanism on free speech theory is not easy because republicanism is itself an ambiguous concept.' 3 At the very least, civic republicanism implies a belief in the primacy of civic virtue, the pursuit of the common good over private interest, and the value of deliberation.' 4 Civic republican scholars differ, however, in their approach to the definition of the concept of the "common good." On the one hand, the concept may be defined solely by reference to the commu- nity's own perceptions, taken as a whole, following deliberation. This "communitarian determinative" model places no external value judg- ments on the collective will of the community. An alternative approach to civic republicanism (the "external objective" model) posits, in Cass Sunstein's words, that "commitment to universalism, or agreement as a regulative ideal, takes the form of a belief in the possibility of settling at least some normative disputes with substantively right answers."' 5 If "substantively right answers" to social conflicts exist, attainment of the republicans' deliberative ideal is to be measured by a comparison of the results of the deliberative process with some objective normative value 8. See generally Fallon, supra note 1 (constitutional theory); Redish, Federal Common Law, Political Legitimacy, and the Interpretive Process: An "Institutionalist"Perspective, 83 Nw. U.L. REV. 761, 775-83 (1989) (statutory construction). 9. The primary direct attention to free speech issues by modem republican theorists came in Sunstein, supra note 3, at 1576-78. See also Michelman, Saving Old Glory: On Constitutional Iconography, 42 STAN. L. REV. 1337 (1990). In addition, Professor Robert Post, a free speech theorist who draws on modem republican thought, has discussed the implications of republican theory for one segment of free speech law. See Post, The ConstitutionalConcept of Public Discourse: Outrageous Opinion, DemocraticDeliberation, and Hustler Magazine v. Falwell, 103 HARv. L. REV. 601 (1990), discussed at infra text accompanying notes 144-59. 10. See, eg., Sunstein, Naked Preferences and the Constitution, 84 COLUM. L. REv. 1689, 1710-17 (1984). 11. See, e.g., Eskridge, Public Values in Statutory Interpretation, 137 U. PA. L. REv. 1007 (1989); Sunstein, Interpreting Statutes in the Regulatory State, 103 HARV. L. REV. 405 (1989); Sunstein, supra note 3, at 1581-83. 12. See, eg., Michelman, Law's Republic, 97 YALE L.J. 1493 (1988) (using Bowers v. Hardwick, 478 U.S. 186 (1986), as an example in arguing that dialogic-republican constitutional theory inspires stronger judicial protection of individual rights than do other competing theories). 13. See infra text accompanying notes 16-28. 14. See infra text accompanying notes 87-174. 15. Sunstein, supra note 3, at 1550; see infra text accompanying notes 90-130 (describing Sunstein's theory). CALIFORNIA LAW REVIEW [Vol. 79:267 system, which is presumably derived by means external to an assessment of the desires or views of the community as a whole. In contrast to the "communitarian determinative" model, then, the "external objective" model determines the content of "common good" not by neutral ascer- tainment of the collective popular will, but rather by superimposing a distinct substantive value structure onto the decisions of
Load more

Recommended publications
  • The Restless Liberalism of Alexis De Tocqueville
    FILOZOFIA ___________________________________________________________________________Roč. 72, 2017, č. 9 THE RESTLESS LIBERALISM OF ALEXIS DE TOCQUEVILLE JAKUB TLOLKA, London School of Economics and Political Science, London, UK TLOLKA, J.: The Restless Liberalism of Alexis de Tocqueville FILOZOFIA, 72, No. 9, 2017, pp. 736-747 This essay attempts to contextualise the purported novelty of Alexis de Tocqueville’s particular brand of liberalism. It regards the author not as an heir or precursor to any given political tradition, but rather as a compelled syncretist whose primary philosophical concern was the moral significance of the democratic age. It suggests that Tocqueville devised his ‘new political science’ with a keen view to the existential implications of modernity. In order to support that suggestion, the essay explores the genealogy of Tocqueville’s moral and political thought and draws a relation between his analysis of democracy and his personal experience of modernity. Keywords: A. de Tocqueville – Modernity – Liberalism – Inquiétude – Religion Introduction. Relatively few authors in the history of political thought have produced an intellectual legacy of such overarching resonance as Alexis de Tocqueville. Even fewer, perhaps, have so persistently eluded ordinary analytical and exegetical frameworks, presenting to each astute observer a face so nuanced as to preclude serious interpretive consensus. As writes Lakoff (Lakoff 1998), ‘disagreement over textual interpretation in the study of political thought is not uncommon’. However, ‘it usually arises around those who left writings of a patently divergent character’ (p. 437). When we thus consider the ‘extraordinarily coherent and consistent nature’ of Alexis de Tocqueville’s political philosophy, it appears somewhat odd that the academic consensus surrounding that author relates almost exclusively to the grandeur of his intellectual achievement (Lukacs 1959, 6).
    [Show full text]
  • Michael Oakeshott 'On Being Conservative'
    Podoksik, Ephraim. "Michael Oakeshott ‘On Being Conservative’." Conservative Moments: Reading Conservative Texts. Ed. Mark Garnett. London: Bloomsbury Academic, 2018. 67–74. Textual Moments in the History of Political Thought. Bloomsbury Collections. Web. 2 Oct. 2021. <http://dx.doi.org/10.5040/9781350001565.ch-009>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 2 October 2021, 23:12 UTC. Copyright © Mark Garnett 2018. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 67 CHAPTER NINE Michael Oakeshott ‘On Being Conservative’ Ephraim Podoksik The self- government of men of passionate belief and enterprise is apt to break down when it is most needed. It often suffi ces to resolve minor collisions of interest, but beyond these it is not to be relied upon. A more precise and a less easily corrupted ritual is required to resolve the massive collisions which our manner of living is apt to generate and to release us from the massive frustrations in which we are apt to become locked. The custodian of this ritual is ‘the government’, and the rules it imposes are ‘the law’. One may imagine a government engaged in the activity of an arbiter in cases of collisions of interest but doing its business without the aid of laws, just as one may imagine a game without rules and an umpire who was appealed to in cases of dispute and who on each occasion merely used his judgment to devise ad hoc a way of releasing the disputants from their mutual frustration.
    [Show full text]
  • THE REPUBLICAN PARTY's MARCH to the RIGHT Cliff Checs Ter
    Fordham Urban Law Journal Volume 29 | Number 4 Article 13 2002 EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT Cliff checS ter Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Accounting Law Commons Recommended Citation Cliff cheS cter, EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT, 29 Fordham Urb. L.J. 1663 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol29/iss4/13 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT Cover Page Footnote Cliff cheS cter is a political consultant and public affairs writer. Cliff asw initially a frustrated Rockefeller Republican who now casts his lot with the New Democratic Movement of the Democratic Party. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol29/iss4/13 EXTREMELY MOTIVATED: THE REPUBLICAN PARTY'S MARCH TO THE RIGHT by Cliff Schecter* 1. STILL A ROCK PARTY In the 2000 film The Contender, Senator Lane Hanson, por- trayed by Joan Allen, explains what catalyzed her switch from the Grand Old Party ("GOP") to the Democratic side of the aisle. During her dramatic Senate confirmation hearing for vice-presi- dent, she laments that "The Republican Party had shifted from the ideals I cherished in my youth." She lists those cherished ideals as "a woman's right to choose, taking guns out of every home, campaign finance reform, and the separation of church and state." Although this statement reflects Hollywood's usual penchant for oversimplification, her point con- cerning the recession of moderation in Republican ranks is still ap- ropos.
    [Show full text]
  • 'Indian Career' of John Stuart Mill a Review-Arti
    Organic Conservatism, Administrative Realism, and the Imperialist Ethos in the 'Indian Career' of John Stuart Mill a review-article by Vinay Lal* Lynn Zastoupil. John Stuart Mill and India. Stanford, California: Stanford University Press, 1994. viii + 280 pp. "I was born in London, on the 20th of May, 1806," wrote John Stuart Mill in his autobiography, "and was the eldest son of James Mill, the author of the History of British India." James Mill had acquired considerable fame as a philosopher of utilitarianism and as an authority on India; and if it is remarkable that John Stuart Mill, who would eclipse his father, described himself, on the opening page of his autobiography, as the son of the "author of the History of British India", it is just as revealing that he virtually obscured his own life-long association with India. It is not commonly known that John Stuart Mill, philosopher of classical liberalism, theorist of political economy, proponent of women's rights, and one of the shapers of modern English prose, spent nearly the entirety of his adult working life drafting "despatches" or official documents on British policy in India. A few terse lines, to which he had practically nothing else to add in his autobiography, describe his association with India: "In May, 1823, my professional occupation and status for the next thirty-five years of my life, were decided by my father's obtaining for me an appointment from the East India Company. immediately under himself." Thus was John Stuart Mill's connection with India assured until the demise of the East India Company in 1858.
    [Show full text]
  • De Tocqueville's Democracy in America: a Sociology of Knowledge Perspective
    Journal of Political Science Volume 12 Number 1 Article 4 November 1985 De Tocqueville's Democracy in America: A Sociology of Knowledge Perspective Eileen L. McDonagh Follow this and additional works at: https://digitalcommons.coastal.edu/jops Part of the Political Science Commons Recommended Citation McDonagh, Eileen L. (1985) "De Tocqueville's Democracy in America: A Sociology of Knowledge Perspective," Journal of Political Science: Vol. 12 : No. 1 , Article 4. Available at: https://digitalcommons.coastal.edu/jops/vol12/iss1/4 This Article is brought to you for free and open access by the Politics at CCU Digital Commons. It has been accepted for inclusion in Journal of Political Science by an authorized editor of CCU Digital Commons. For more information, please contact [email protected]. De Tocqueville's Democracy in America: A ociology of Knowledge Perspective* EiLL EEN L. McDo AGH ortheastern University •The author thanks Whitney Pope, H. Douglas Price, and David Riesman for their constructive criticisms and suggestions. Alexis de Tocqueville is accepted as one of the most insightful and im­ portant commentat ors on American democracy. 1 He explores at length in hi seemingly timeless treatise, Democracy in America, enduring and domi­ nant characteristics of American democratic society: the tyranny of the ma­ jority, the social and economic equality of the American people, the predominant materialism of American culture, and finally the importance of manners and mores in setting the character of a political society. In fact, de Tocqueville is viewed by some as the author of the "first sociological tudy of American society," and often is ranked with .Marx for the persist­ ent relevance of contributed insights and ideas .
    [Show full text]
  • Conservatism As a Situated Identity: Implications for Consumer Behavior ⁎ Daphna Oyserman , Norbert Schwarz
    Available online at www.sciencedirect.com ScienceDirect Journal of Consumer Psychology 27, 4 (2017) 532–536 Research Dialogue Conservatism as a situated identity: Implications for consumer behavior ⁎ Daphna Oyserman , Norbert Schwarz University of Southern California, United States Accepted by Sharon Shavitt, Area Editor Received 14 August 2017; received in revised form 16 August 2017; accepted 16 August 2017 Available online 24 August 2017 Abstract Insufficient attention to political ideology as an organizing axis reduces predictive power. Jost (2017 – this issue) makes a significant contribution by outlining and documenting a set of relationships among personality factors, attitudes, values, and conservatism. The value of this approach is highlighting the possibility that ideology sticks when it fits features of the individual and hence has an enduring quality. This approach needs to be balanced by consideration of the power of the immediate situation to define what an identity means and the potential universality of many features associated with conservatism. We discuss both issues using identity-based motivation theory as our organizing framework. © 2017 Society for Consumer Psychology. Published by Elsevier Inc. All rights reserved. “A Jeep driver is one who doesn't give up when faced with Introduction adversity” (Shanghai husband explaining why he bought his wife a Jeep Grand Cherokee; from Barnett, 2016). Are Jeeps for tough tenacious people who value personal happiness, self-direction and new experiences? Are Lincolns for “Love, hope, happiness. Whatever your destination, there're a quirky people who are rooted in their past, value family and million ways to get there” (“Recalculating” advertisement for personal happiness, and are benevolent and want to avoid harm? Jeep https://www.youtube.com/watch?v=G2dnmCmTI90).
    [Show full text]
  • The Conservative Disposition and the Precautionary Principle. 2010
    The Conservative Disposition and the Precautionary Principle Turner, Stephen. 2010. The Conservative Disposition and the Precautionary Principle, in The Meanings of Michael Oakeshott’s Conservatism, edited by Corey Abel, Imprint Academic, all rights reserved. Pp. 204-217. Stephen P. Turner To be conservative . is to prefer the familiar to the unknown, to prefer the tried to the untried, fact to mystery, the actual to the possible, the limited to the unbounded, the near to the distant, the sufficient to the superabundant, the convenient to the perfect, present laughter to utopian bliss. [The disposition] asserts itself characteristically when there is much to be lost, and it will be strongest when this is combined with evident risk of loss.1 [T]he precautionary principle requires us to assign the burden of proof to those who want to introduce a new technology, particularly in cases where there is little or no established need or benefit and where the hazards are serious and irreversible. It is up to the perpetrators to prove that the technology is safe ‘beyond reasonable doubt’. We cannot expect the precautionary principle by itself to tell us what to do about GM crops or any other new technology. Like a jury, we have to weigh up the evidence, and like a jury we have to come to a decision.2 The precautionary principle is a poorly defined idea, but it is generally understood to mean that innovations should be given special scrutiny with respect to risk, and to reject changes that involve not merely risks, which can be calculated, but uncertainties, which cannot.
    [Show full text]
  • The Conservative Mind
    FORessential THE MODERN CONSERVATIVE readings A Condensation of Russell Kirk’s The Conservative Mind Reprinted 2012 by Alabama Policy Institute Birmingham, Alabama Permission to reprint in whole or in part is hereby granted, provided the Alabama Policy Institute and the author are properly cited. About this seRies The Alabama Policy Institute commissioned “Essential Readings for the Modern Conservative” to provide busy conservative- minded individuals with a way to acquaint themselves with at least the rudiments of conservatism. A 500-plus page work like Russell Kirk’s The Conservative Mind, the first of this series, might seem too large to be worked into the corners of our schedule, but a condensed version could be read in a weekend or on a long flight. With such an abridged version, conservatives of all education levels will be able to read swiftly and concisely what the best minds in American conservative thought have had to say. This series is an attempt to capture the central message of the various authors and to express it in fewer, simpler words. We believe there are still men and women in sufficient numbers today who take their values seriously and who consider themselves to be of conservative principle but might be hard pressed to explain their political philosophy. This series is for them. It is certainly true that these condensations were written in hopes of providing a rough familiarity with the ideas of leading conservative thinkers, but they were also written to whet the appetite enough to motivate the reader to tackle the main text as well. It is the nature of a summary to touch upon the main points of a text and omit the full beauty of the original prose; all of the illustrations and the humor — the personality of the author must be left behind in the primary source.
    [Show full text]
  • 9781474454780 Russias New
    For Olivia 66256_Lewis.indd256_Lewis.indd iiii 220/02/200/02/20 112:242:24 PPMM Russia’s New Authoritarianism Putin and the Politics of Order DAVID G. LEWIS 66256_Lewis.indd256_Lewis.indd iiiiii 220/02/200/02/20 112:242:24 PPMM Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © David G. Lewis, 2020 Edinburgh University Press Ltd The Tun – Holyrood Road, 12(2f) Jackson’s Entry, Edinburgh EH8 8PJ Typeset in 10/13 Giovanni by IDSUK (DataConnection) Ltd, and printed and bound in Great Britain. A CIP record for this book is available from the British Library ISBN 978 1 4744 5476 6 (hardback) ISBN 978 1 4744 5478 0 (webready PDF) ISBN 978 1 4744 5479 7 (epub) The right of David G. Lewis to be identifi ed as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, and the Copyright and Related Rights Regulations 2003 (SI No. 2498). 66256_Lewis.indd256_Lewis.indd iivv 220/02/200/02/20 112:242:24 PPMM CONTENTS Preface / vii Acknowledgements / xiv Note on Transliteration and Translation / xv ONE / Authoritarianism, Ideology and Order / 1 Understanding Russian Authoritarianism / 1 Order, Smuta and the Russian State / 6 Russia as Weimar / 12 Carl Schmitt and Authoritarian
    [Show full text]
  • Republican National Committee Chairman Reince Priebus
    REPUBLICAN PLATFORM 2016 HHHHHHH HHHHHH We dedicate this platform with admiration and gratitude H H H H H To all who stand strong in the face of danger So that the American people may be protected against it — The men and women of our military, of our law enforcement, and the first responders of every community in our land — And to their families. Paid for by the Committee on Arrangements for the 2016 Republican National Convention Not Authorized By Any Candidate Or Candidate’s Committee www.gopconvention2016.com • REPUBLICAN PLATFORM 2016 • Preamble With this platform, we the Republican Party reaffirm the principles that unite us in a common purpose. We believe in American exceptionalism. American people are optimistic. We believe the United States of America is This platform lays out — in clear language — the unlike any other nation on earth. path to making America great and united again. We believe America is exceptional because of For the past 8 years America has been led in the our historic role — first as refuge, then as defender, wrong direction. and now as exemplar of liberty for the world to see. Our economy has become unnecessarily weak We affirm — as did the Declaration of with stagnant wages. People living paycheck to Independence: that all are created equal, endowed paycheck are struggling, sacrificing, and suffering. by their Creator with inalienable rights of life, liberty, Americans have earned and deserve a strong and the pursuit of happiness. and healthy economy. We believe in the Constitution as our founding Our standing in world affairs has declined document.
    [Show full text]
  • Carl Schmitt's Radical Democracy
    Louisiana State University LSU Digital Commons LSU Master's Theses Graduate School 2012 Carl Schmitt's radical democracy: Schmitt, Hobbes and the return to political identity Ndifreke Ette Louisiana State University and Agricultural and Mechanical College, [email protected] Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_theses Part of the Political Science Commons Recommended Citation Ette, Ndifreke, "Carl Schmitt's radical democracy: Schmitt, Hobbes and the return to political identity" (2012). LSU Master's Theses. 3752. https://digitalcommons.lsu.edu/gradschool_theses/3752 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Master's Theses by an authorized graduate school editor of LSU Digital Commons. For more information, please contact [email protected]. CARL SCHMITT’S RADICAL DEMOCRACY: SCHMITT, HOBBES AND THE RETURN TO POLITICAL IDENTITY A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of Political Science by Ndifreke Ette B.A., Louisiana State University, 2008 May, 2012 DEDICATION This work is dedicated to God who grants me wisdom and endurance, for in Him I live, move and have my being; to the members of The Apostolic Church, Baton Rouge who guide me spiritually; and to my family. My parents, Dr. Aniedi Ette and Odot Ette introduced me to a house full of books. My brothers Ifiok and Edifon let me read them. ii ACKNOWLEDGEMENTS This thesis celebrates the combined efforts of known, unknown, and imagined influences, of help from various quarters, of men, and women, who hewed the rock, crushed the ore, purified the molten metal, and finally shaped the product.
    [Show full text]
  • Edmund Burke and the Invention of Modern Conservatism, 1830–1914: an Intellectual History
    University of Kentucky UKnowledge History Faculty Publications History 12-2018 [Review of] Edmund Burke and the Invention of Modern Conservatism, 1830–1914: An Intellectual History. By Emily Jones. Oxford Historical Monographs. Edited by P. Clavin et al. Oxford: Oxford University Press, 2017. Pp. x+274. $90.00. Philip Harling University of Kentucky, [email protected] Right click to open a feedback form in a new tab to let us know how this document benefits oy u. Follow this and additional works at: https://uknowledge.uky.edu/history_facpub Part of the Political History Commons Repository Citation Harling, Philip, "[Review of] Edmund Burke and the Invention of Modern Conservatism, 1830–1914: An Intellectual History. By Emily Jones. Oxford Historical Monographs. Edited by P. Clavin et al. Oxford: Oxford University Press, 2017. Pp. x+274. $90.00." (2018). History Faculty Publications. 9. https://uknowledge.uky.edu/history_facpub/9 This Book Review is brought to you for free and open access by the History at UKnowledge. It has been accepted for inclusion in History Faculty Publications by an authorized administrator of UKnowledge. For more information, please contact [email protected]. [Review of] Edmund Burke and the Invention of Modern Conservatism, 1830–1914: An Intellectual History. By Emily Jones. Oxford Historical Monographs. Edited by P. Clavin et al. Oxford: Oxford University Press, 2017. Pp. x+274. $90.00. Notes/Citation Information Published in The Journal of Modern History, v. 90, no. 4, p. 937-939. © 2018 by The nivU ersity of Chicago. All rights reserved. The opc yright holder has granted the permission for posting the article here.
    [Show full text]