When eighteenth-century revolutionary elites set about designing new political orders, they drew on commonplace theoretical understandings of “democracy” as highly undesirable. They therefore designed government institutions in which popular participation was to be extremely limited. The new political constructions, in both France and the United States, never worked as planned. The mobilizations of the revolutionary era did not vanish as the constitutional designers hoped. More profoundly, challenging social movements were unintentionally woven into the fabric of modern democracy due to the (...) confluence of three processes: The legitimacy claims of democratic powerholders also legitimate protest; the institutional architecture of modern democracy, especially the allocation of office through elections, provides structural support for social movements as well; and the practices of democracy recurrently trigger politically powerful emotions that energize protest. Understanding democracy therefore demands a theory of the interplay of social movements and governing institutions from the foundational moment. (shrink)

The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal (...) Constitution was prepared on the eve of the Constitutional Convention by John Adams, a signer of the Declaration of Independence, then in London as American envoy to Great Britain and eventually the second President of the United States. I refer to Adams' A Defence of the Constitutions of Government of the United States of America, against the attack of M. Turgot, in his letter to Dr. Price, 22 March, 1778. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...) second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

ABSTRACTThis study explores, historically and conceptually, the idea of separating governmental powers to institute a system that superintends the legitimate acquisition and exercise of those power...

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

What role do speakers'/authors’ communicative intentions play in language interpretation? Cognitive scientists generally assume that listeners'/readers’ recognitions of speakers'/authors’ intentions is a crucial aspect of utterance interpretation. Various philosophers, literary theorists and anthropologists criticize this intentional view and assert that speakers'/authors’ intentions do not provide either the starting point for linguistic interpretation or constrain how texts should be understood. Until now, cognitive scientists have not seriously responded to the current challenges regarding intentions in communication. My purpose in this article is (...) to provide just such a response. I briefly describe some of the empirical evidence in cognitive science on the importance of intentions in communication. I then discuss some of the criticisms of the intentional view that have arisen in the humanities and social sciences. Following this, I offer a partial resolution to the intentionalist controversy that recognizes the differing views on the idea of linguistic interpretation. I specifically suggest a way of thinking about linguistic interpretation in terms of the time‐course of understanding that provides a metric for evaluating the role of intentions in communication. This time‐course perspective on linguistic understanding provides for the plurality of ideas that now exist both in cognitive science and in postmodern philosophical thought. (shrink)

To confine scientific narrative to only material and mechanical causes is to ensure incomplete and at times contrived descriptions of phenomena. In the life sciences, and particularly in the field of ecology, causality takes on qualitatively distinct forms at different hierarchical levels. The notion of formal cause provides for entirely natural and quantitative explanations of ecosystem behavior.

Over the past 50 years, Louis Hartz’s reinterpretation of American political thought has had considerable influence – both in shaping later studies and provoking rebuttals. Drawing on Tocqueville’s observation that Americans were fortunate in having been ‘born equal’ instead of having to become so by revolution, Hartz compared American political thought with that of Britain and France in order to show that America has been enthralled by an ‘irrational Lockianism’. Although criticisms need to be taken into account, and the thesis (...) modified to take account of subsequent developments, it remains an indispensable and illuminating frame of analysis. (shrink)

Freedom of association holds an uneasy place in the pantheon of liberal freedoms. Whereas freedom of association and the abundant plurality of groups that accompany it have been embraced by modern and contemporary liberals, this was not always the case. Unlike more canonical freedoms of speech, press, property, petition, assembly, and religious conscience, the freedom of association was rarely extolled by classical liberal thinkers in the seventeenth and eighteenth centuries. Indeed Thomas Hobbes, David Hume, Adam Smith, and others seem to (...) have regarded freedom of association with some trepidation because of the violent, irrational, and factional behavior of groups. This chapter illuminates these anti-associational assumptions in the writings of James Madison. Although Madison famously deplored political associations as sources of faction and civil dissension, he differed from other members of the Founding generation in his willingness to defend associational freedom. Madison's writings also shed light on the unenumerated status of the freedom of association in American constitutional law. (shrink)

A major paradox of modern happiness gained wide public exposure in 1776 when Thomas Jefferson substituted the phrase “the pursuit of happiness” in place of Locke’s formulation: “life, liberty, and property.” In substituting happiness for property, Jefferson obscured the central hypocrisy of the Revolution, that—as contemporaries complained—the “loudest yelps for liberty” were made by those practicing slavery. Jefferson elided the overlap between the pursuit of happiness and the protection of human property. And he blurred the connection between the assertion of (...) slave power and the creation of a broad emotional hegemony in the service of multifaceted projects of political-economic mastery. Today, historians of emotion face an urgent need to explore the deep roots of this feeling in systems of unfreedom. (shrink)

The current problems of rural people and communities expose the weakness of the social sciences in agriculture, both as to epistemological limitations and as to the environment in which they operate. That weakness involves not ony an inability to make reasonably accurate predictions, but also to explain scientifically the nature of the current situation. This conclusion is reached after an examination of the context of the current problems of rural America, an evaluation of the epistemological capabilities of the relevant social (...) sciences, and an appraisal of the environment in which the social sciences within agriculture exist. An over-allocation of resources to the economics of commercial agriculture and an under-allocation to the other social sciences and the economics of rural development is suggested as a serious problem. Significant reallocation of resources will be required if the traditional agricultural establishment is to remain relevant to rural people and their needs. (shrink)

The essay examines the argument advanced by E.D. Hirsch, Jr., for instituting ‘cultural literacy’ as a fundamental priority of schools. A number of confusions and equivocations in Hirsch's reasoning are identified, and the propensity of his project to indoctrinate is exposed. Among the features of Hirsch's argument shown to be troubling are his shifting construal of ‘language’, his inconsistency about the requirements of cultural literacy, and his uncritical relation to traditional images of the American past and present. The upshot is (...) to raise the question why Hirsch's project has elicited wide support and praise. (shrink)