Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, flyers, video recordings made by demonstrators and songs written by them. Our findings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the (...) enterprise of organizing the protest. Our findings explicate how the non-legalistic and even anti-legalistic discourse of the protest was formed, shaped and generated within the power relations of the protest, and how a pyramid of power produced a new poetics of protest that rejected the traditional poetics of state law. The power relations that generated the discourse regarding state law were embedded in socioeconomic stratification along the divide of center and periphery in Israel. (shrink)

This paper deals with the relationship between law and social protests, a topic that seems particularly relevant at this time, when recent public events show the existence of growing tension between citizens and public officers. The paper does not explore the ultimate causes that triggered these social protests, but rather the normative and legal questions raised by these conflicts. The main question that it addresses is the following: How should the law act in the face of these growing (...) expressions of social discontent? The main point that it defends is that social protests are political expressions that, as such, deserve a special public (and particularly judicial) protection. The argument is particularly directed at studying the legal consequences of taking the expressive components of social protests seriously. The exploration may have a further theoretical interest for those who are interested in reflecting upon the scope and limits of the theory of deliberative democracy. (shrink)

This paper offers re-assessment of Scottish Common Sense rhetoric and its relationship to pluralist practice and philosophical method. It argues that the rhetorical texts of George Campbell, Hugh Blair, and Alexander Bain can be read as a practical application of Scottish Common Sense philosophy. This offers a novel means of examining the relationship that Scottish rhetoric has to the philosophy of David Hume and also its own innovative philosophy of language. Finally, I argue that Scottish rhetoric makes a unique contribution (...) to rhetorical methodology's key place in the creation of social and moral consensus. (shrink)

The rule of law demands that the state's coercive power be used only according to settled general laws, applied impersonally. But an individualist theory of legal inter pretation cannot provide the shared understanding required. Gadamer appeals to the practical wisdom of judges and lawyers, who will agree on how to apply law to new cases. But this account is adequate only for very cohesive societies. Dworkin's account rests on propositional knowledge of a supposed best interpretation of an entire legal system. (...) But even if such a best interpretation is possible in theory, this possibility does not provide shared understandings in the social world. (shrink)

In general, offers a good discussion of Dworkin's theory of interpretation. Postema is critically concerned with whether Dworkin commits himself to individualistic and privatistic sense of interpretation and how Dworkin articulates the logical independency of pre-interpretive paradigm instances or social facts which form the object of interpretation and the end which is interpretively posited in the act of interpretation. Criticisms, for the most part, appear to be compatible with Dworkin's overall theory and may simply be additional explication of the (...) character of interpretation. "There is nothing in Dworkin's meta-theory of interpretation of social practices that requires attention to the interpretive activities of fellow participants. Herein lies the strong "protestantism" of Dworkin's theory. Not only is each participant encouraged to take up the interpretive enterprise...but each individual participant also has access to the truth, as it were, about what the practice is and requires, though private interpretation of the practice-text. While Dworkin seems to recognize that the practice is common, he counsels participants to live as if each had a private understanding of his own." "It is problematic because it makes interpretation of social practices insufficiently practical, insufficiently intersubjective, and thus insufficiently political." Notes that the interpretive attitude when acting in a practice is relatively rare, usually becoming part of a practice is more like learning a discipline or technique. "[I]t may not be possible intelligibly to separate that point from the activies and rules in which it is expressed. The same meaning may, conceivably, be expressed in some other way, but this does not imply that the meaning is logically independent of the medium of expression." "That is, the behavior is logically separable from its interpretation only on pain of denying that the practice is common activity yielding common principles." "Often an agent may only come to understand his actions long after he has performed them, or may later come to see his actions in a very different light...First, on this view meaningful action is a primitive. Action is expressive of its meaning or purpose, but not resolvable into distinct behavior and purpose. But, since this purpose or meaning may not be fully or clearly articulated, interpretation can be seen as the activity of re-formulating and articulating it. Second, the 'meaning' of an action cannot be regarded as a private matter for the agent alone.". (shrink)

For more than 100 years, The Protestant Ethic and the Spirit of Capitalism has set the parameters for the debate over the origins of modern capitalism. Now more timely and thought-provoking than ever, this esteemed classic of twentieth-century social science examines the deep cultural "frame of mind" that influences work life to this day in northern America and Western Europe. Stephen Kalberg's internationally acclaimed translation captures the essence of Weber's style as well as the subtlety of his descriptions and (...) causal arguments. Now, for the first time in one volume, The Protestant Ethic and the Spirit of Capitalism with Other Writings on the Rise of the West integrates Weber's exploration of the spirit of capitalism's origins with his larger project: a multi-causal analysis of the West's distinctiveness and its sources. Weber's texts present wide-ranging discussions on the Western city, state, forms of rulership and law, and modes of economic innovation. Moreover, in many selections Weber offers in-depth and insightful comparisons to China and India. Readings on the "economic ethics" of Confucianism, Buddhism, Hinduism, Islam, Judaism, and Catholicism further illuminate the distinct qualities of the West's trajectory and its diverse causes. A separate section examines the long-range influence of the ascetic Protestant sects and churches on American society.To draw readers into the material, this engaging volume includes extended introductions by the editor, many new translations, a chronology of Weber's life, an expanded glossary and bibliography, and numerous clarifying endnotes. In addition, Kalberg addresses a variety of debates concerning the central elements of contemporary life. Ideal for courses in sociology, anthropology, political science, history, international relations, and economics, The Protestant Ethic and the Spirit of Capitalism with Other Writings on the Rise of the West is an essential resource for anyone seeking to understand the origins and endurance of the modern West. (shrink)

Public protest continued to represent a prominent form of social activism in democratic societies during the COVID-19 pandemic. In Australia, a lack of specific legislation articulating protest rights has meant that, in the context of pandemic restrictions, such events have been treated as illegal mass gatherings. Numerous large protests in major cities have, indeed, stirred significant public debate regarding rights of assembly during COVID-19 outbreaks. The ethics of infringing on protest rights continues to be controversial, with (...) opinion divided as to whether public health goals or human rights should take precedence. This paper applies public health ethical theory to an in-depth analysis of arguments on both sides of the debate. Using the Nuffield Council on Bioethics framework as a backdrop, proportionality and necessity of restrictions are understood as key concepts that are common to both public health and human rights perspectives. The analysis presented here finds a middle-ground between the prevailing arguments on opposing sides and is further able to rationalize the use of protest itself as an important element of a mature public health ethics response to restrictive policy. Thus, this paper aims to influence public health policy and legislation regarding protest rights during public health emergencies. (shrink)

Jewish Law as Rebellion is unconventional and controversial in its approach to the world of Jewish Law and its response to religious crises. The book delves into the contemporary application and development of halacha and pointedly protests many accepted methods and ideals, offering new solutions to existing halachic dilemmas. Rabbi Cardozo discusses hot topics such as same-sex marriage, conversion, and religion in the State of Israel and presents a critical analysis and explanation of the application of halacha.

In lieu of an abstract, here is a brief excerpt of the content:206 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Pang Laikwan Identity Politics and Democracy in Hong Kong’s Social Unrest Hong Kong’s anti-Extradition Law Amendment Bill (anti-ELAB) movement began with legislation proposed in February 2019 to allow the transfer of fugitives to jurisdictions with which the city lacks formal extradition treaties. The law quickly attracted a tremendous amount of criticism and generated enormous anxiety because (...) mainland China was one of those jurisdictions.1 In fact, many believe that this bill was proposed to allow the government of the People’s Republic of China (PRC) to transfer wanted persons of any nationality from Hong Kong to China, subject to a legal process that many view as highly dubious. A large-scale anti-government movement exploded in June 2019 when pro-establishment legislators in Hong Kong insisted on passing it, and millions of people took to the streets. The government waited three months to withdraw the bill, only doing so after some of the most violent confrontations between civilians and the police in Hong Kong’s history. With Beijing’s 1. The law was originally proposed after a Hong Kong man, who killed his pregnant girlfriend in Taiwan, could not be extradited back to Taiwan to stand trial for the murder due to the lack of formal extradition laws. The proposed law, which would be applied to Hong Kong citizens, foreign residents, and even people passing through on business or as tourists, is being opposed due to the fear that it would be used to extradite Hong Kong political/civil rights activists and dissidents to China, where they would be harshly punished. Pang Laikwan 207 support, the Hong Kong government has doggedly resisted negotiating with the protestors over other demands, such as setting up an independent inquiry into police misconduct. As people have become completely disillusioned with the government and their own futures, tensions have increased. Collapsing many of the city’s socioeconomic problems into one cause, the anti-ELAB movement is primarily an anti-authoritarian impulse motivated by the unifying power of the term “Hongkongers.” As the movement unfolds, one of the most popular slogans, “Add Oil, Hongkongers!” (meaning “Keep going, Hongkongers!”) gradually transformed into “Rebel, Hongkongers!” and “Revenge, Hongkongers!” showing the protestors ’ anger about unrestrained police violence and the Beijing regime behind it. The militarization associated with these protests is both worrisome and symptomatic. This short essay analyzes this movement and uses it as a vehicle to disentangle social and political identity. My concern is about how a large-scale political movement can realign identities to generate power from the bottom. I use an Arendtian approach to ground my theoretical orientation, asking: How can political actions be understood as the pursuit of freedom to transcend one’s biological and social identity? From an intersectional feminist angle, if we are aware that social discrimination operates within a complex network of simultaneous discriminations, real social change can only be envisioned using a broad political canvas. Hong Kong’s anti-Extradition Law Amendment Bill movement provides such a setting. Division and Inclusion “The people” might be the emptiest, but also the most powerful, phrase in the modern political lexicon. It can be used by politicians to justify groundless proposals or criticisms, but it is also the foundation and source of legitimacy for all modern political institutions. Indeed, the most basic meaning of democracy is “rule of the people,” which is impossible to avoid in any democratic imagination. As has been widely seen throughout the world, however, “the people” is often attached to various degrees of xenophobia—hatred of outsiders in the name of in-group solidarity. While the Hong Kong protestors’ courageous demands for the PRC to honor its promise to grant the city a high degree of autonomy have gained widespread international sympathy, thorny social divisions persist within the movement. 208 Pang Laikwan While Hong Kong has never been a united society, the anti-ELAB protests—like most social movements—have been highly divisive, splitting Hong Kong people apart. Most obviously, “the people” are divided by their political identifications, forming a primary antagonism between those who support the protests and those who do not, usually described... (shrink)

Xi Chen explores the question of why there has been a dramatic rise in and routinization of social protests in China since the early 1990s. Drawing on case studies, in-depth interviews and a unique data set of about 1,000 government records of collective petitions, this book examines how the political structure in Reform China has encouraged Chinese farmers, workers, pensioners, disabled people and demobilized soldiers to pursue their interests and claim their rights by staging collective protests. Chen suggests that (...) routinized contentious bargaining between the government and ordinary people has remedied the weaknesses of the Chinese political system and contributed to the regime's resilience. Social Protest and Contentious Authoritarianism in China challenges the conventional wisdom that authoritarian regimes always repress popular collective protest and that popular collective action tends to destabilize authoritarian regimes. (shrink)

In this manuscript, we introduce a theoretical model of climate radicalization that integrates social psychological theories of perceived unfairness with historical insights on radicalization to contribute to the knowledge of individuals’ processes of radicalization and non-radicalization in relation to climate change. We define climate radicalization as a process of growing willingness to pursue and/or support radical changes in society that are in conflict with or could pose a threat to the status quo or democratic legal order to reach climate (...) goals. We describe how perceptions of unfairness can play a pivotal role in processes of climate change related radicalization. Without taking any position or judgment regarding climate concerns and associated actions, we suggest that although these behaviors drive many people to participate in peaceful climate protest, they may also lead others to radicalize into breaking the law to achieve their climate goals, possibly in violent ways. This process of climate radicalization, we argue, can be driven by people perceiving certain situations to be blatantly unfair. Specifically, we discuss how radical attitudes and behaviors can be products of perceived unfairness stemming from the past, the future, the immediate social environments of perceivers, as well as those that are spatially distant from them. We further argue that because radicalization processes are shaped by an interaction between individuals and movements, on the one hand, and societal actors and developments, on the other, they tend to develop in non-linear and dynamic ways. We therefore propose that climate radicalization is a dynamic, contingent, and non-linear process, often of an escalating kind, that develops over time, through various interactions between individuals and their contexts, and in which people and groups move back and forth from peaceful protest, through disobedient and unlawful methods, to violent actions. Implications, strengths, and limitations of our model are discussed. (shrink)

This book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding (...) how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit. (shrink)

Stephen Turner has explored the ongms of social science in this pioneering study of two nineteenth century themes: the search for laws of human social behavior, and the accumulation and analysis of the facts of such behavior through statistical inquiry. The disputes were vigorously argued; they were over questions of method, criteria of explanation, interpretations of probability, understandings of causation as such and of historical causation in particular, and time and again over the ways of using a natural (...) science model. From his careful elucidation of John Stuart Mill's proposals for the methodology of the social sciences on to his original analysis of the methodological claims and practices of Emile Durkheim and Max Weber, Turner has beautifully traced the conflict between statistical sociology and a science offactual description on the one side, and causal laws and a science of nomological explanation on the other. We see the works of Comte and Quetelet, the critical observations of Herschel, Buckle, Venn and Whewell, and the tough scepticism of Pearson, all of these as essential to the works of the classical founders of sociology. With Durkheim's essay on Suicide and Weber's monograph on The Protestant Ethic, Turner provides both philosophical analysis to demonstrate the continuing puzzles over cause and probability and also a perceptive and wry account of just how the puzzles of our late twentieth century are of a piece with theirs. The terms are still familiar: reasons vs. (shrink)

This book investigates the relation of rock and roll to social protest music and authenticity. It examines the nature and commercial origins of rock and roll, why rock and roll was frequently considered subversive, and the nature and significance of authenticity to rock and roll as social protest music.

Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the "social," and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. (...) All of which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society. (shrink)

This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as (...) well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns. (shrink)

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of (...) different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals. (shrink)

The Covid-19 pandemic triggered a crisis affecting many spheres of socio-economic life. Both the authorities and entrepreneurs found themselves in a new and unusual situation. The lockdown introduced in the Polish economy in March 2020 has changed drastically environment and conditions for entrepreneurs and companies in Poland. The article touches on the problem of changes in the system of formal and informal institutions during that period. An attempt was made to answer the question: to what extent was the institutional state (...) order compatible with the spontaneous order during that period, did the paths of entrepreneurs and the government meet and an agreement was reached in the name of setting a common policy direction to support the economy in the difficult period of the pandemic, or did the paths of these parties diverge? The research hypothesis requiring verification was that the institutional crisis in Poland deepened during the Covid-19 pandemic, as reflected in the slow erosion of the principles of institutional governance. The analysis shows that the progressing institutional weakness of the state during the period under review deepened the crisis of institutions. Its symptom was the gradual disappearance of social dialogue and arbitrary decisions taken by the government. The rules of law did not take into account the needs of entrepreneurs. Over time, the trust in the government and the law has declined. In a response to the prolonged lockdown in many sectors of the Polish economy, some desperate entrepreneurs took steps to circumvent the law, and there were active protests of entrepreneurs against the government’s decisions. The government might defend its authority only with ineffective repressions applied to entrepreneurs. (shrink)

Friedrich Schleiermacher is best known as the ''father of liberal Protestant theology,'' largely on the strength of his massive work of systematic theology, The Christian Faith. In this book, Andrew Dole presents a new account of Schleiermacher's theory of religion. Dole argues that Schleiermacher integrates the individualistic side of religion with a set of claims about its social dynamics, and that this takes place within a broader understanding of all events in the world as the product of a universal, (...) law-governed ''causal nexus.''. (shrink)

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of Engagement, (...) which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

With unflinching gaze and uncompromising intensity Julius Evola analyzes the spiritual and cultural malaise at the heart of Western civilization and all that passes for progress in the modern world. As a gadfly, Evola spares no one and nothing in his survey of what we have lost and where we are headed. At turns prophetic and provocative, Revolt against the Modern World outlines a profound metaphysics of history and demonstrates how and why we have lost contact with the transcendent dimension (...) of being. The revolt advocated by Evola does not resemble the familiar protests of either liberals or conservatives. His criticisms are not limited to exposing the mindless nature of consumerism, the march of progress, the rise of technocracy, or the dominance of unalloyed individualism, although these and other subjects come under his scrutiny. Rather, he attempts to trace in space and time the remote causes and processes that have exercised corrosive influence on what he considers to be the higher values, ideals, beliefs, and codes of conduct--the world of Tradition--that are at the foundation of Western civilization and described in the myths and sacred literature of the Indo‑Europeans. Agreeing with the Hindu philosophers that history is the movement of huge cycles and that we are now in the Kali Yuga, the age of dissolution and decadence, Evola finds revolt to be the only logical response for those who oppose the materialism and ritualized meaninglessness of life in the twentieth century. Through a sweeping study of the structures, myths, beliefs, and spiritual traditions of the major Western civilizations, the author compares the characteristics of the modern world with those of traditional societies. The domains explored include politics, law, the rise and fall of empires, the history of the Church, the doctrine of the two natures, life and death, social institutions and the caste system, the limits of racial theories, capitalism and communism, relations between the sexes, and the meaning of warriorhood. At every turn Evola challenges the reader’s most cherished assumptions about fundamental aspects of modern life. A controversial scholar, philosopher, and social thinker, JULIUS EVOLA (1898-1974) has only recently become known to more than a handful of English‑speaking readers. An authority on the world’s esoteric traditions, Evola wrote extensively on ancient civilizations and the world of Tradition in both East and West. Other books by Evola published by Inner Traditions include Eros and the Mysteries of Love, The Yoga of Power, The Hermetic Tradition, and The Doctrine of Awakening. (shrink)

Unemployed and informal workers seem an unlikely source of large-scale collective action in Latin America. Since 1997, however, Argentina has witnessed an upsurge of protest and the emergence of unusually influential federations of unemployed and informal workers. To explain this puzzle, this article offers a policy-centered argument. It suggests that a workfare program favored common interests and identities on the part of unemployed workers and grassroots associations, allowing them to overcome barriers to collective action. State responses to demands for (...) workfare benefits generated a pattern of protest and negotiation that strengthened those groups and dramatically expanded social policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 2-15 [Access article in PDF] Economic Aspects of Social and Environmental Violence John B. Cobb Jr. Claremont School of Theology I When we think of violence, what first comes to mind are violent acts by individuals or groups against other individuals. We think of rapes and murders, lynchings and muggings, beatings and armed robberies. We want the police to protect us from this violence. (...) Unfortunately, we know that police are tempted, in turn, to employ their power in violent ways, chiefly against those guilty of crimes, but sometimes against the innocent. The cycle of violence on the part of individuals and groups goes on.Bad as this violence is, it is worse when the state, instead of restricting it, supports and requires it. Political authorities have always exercised violence against their own people, especially those they suspected of being threats to their power. But in the twentieth century, state violence reached previously unheard of levels. For the sake of building a communist society, Stalin killed millions and imprisoned millions more. The Nazis undertook to purify Germany of Jews, gypsies, and other undesirables through extermination undertaken through bureaucratic processes.We Americans do not think of ourselves as having employed state power in any such way. We know that national power was used violently to drive Native Americans off their land down through the nineteenth century. We know that southern states used their power to enforce segregation and protect whites who engaged in violent acts against blacks in order to maintain total white domination over them. But we now think of the national government much more as the protector of human rights. This is not entirely false.We tend not to recognize, however, the amount of violence the national government is exercising in the wars against crime and drugs. In order to reduce individual violence as well as drug use, we have created a prison population of two million. One-fourth of all the prisoners in the world are in the United States, most of them jailed for nonviolent crimes. Although drug use is more or less equally spread among ethnic and economic groups, most of those imprisoned for this crime are poor and ethnic minorities. In the name of law and order, enormous violence is inflicted by the United States against the people of its ghettos. [End Page 3]In this same century war also took on new dimensions. It has been waged against entire populations instead of armies. The aim at total destruction came to its fullest expression when twice the United States dropped atomic bombs on Japan.World War II has made all of us sadly aware of the horrors of state violence. It has turned us against nationalism. We are appalled as we see nationalism raise its ugly head again in the former Soviet Union and especially in the former Yugoslavia. When ethnic groups undertake to destroy each other, our moral condemnation is unambiguous. Personal, group, and state violence remains a problem, but at least the wrong involved in this is widely understood.In all civilization there has been another kind of violence—economic. In much of history economic violence has been closely related to the forms noted above. The rich have been able to impose their will on the poor because they could employ persons to exercise violence for them and they could influence state action. We see this glaringly in the "goon squads" employed by the wealthy in some Latin American countries to intimidate and kill those who protest their actions. These goon squads often work closely with the military power of the state.We know that in this country as well, wealth reduces the chance of conviction for crimes. It also buys influence in government. On the whole the United States government throughout history has supported the interests of those with money. Today the power of wealth in the political process is clearly evident. We recognize that this situation is corrupt, but we do not ordinarily think of it as a form of violence. This is because the violent consequences are indirect, and we are... (shrink)

Introduction -- Contending for moral first things : Christian social ethics and postconsensus culture -- Natural law and the Christian tradition -- Natural law and the Protestant prejudice -- Moral law, Christian belief, and social ethics -- Contending for moral first things in ethical and bioethical debates : critical categories, part 1 -- Contending for moral first things in ethical and bioethical debates : critical categories, part 2 -- Ethics, bioethics, and the natural law, a test case : (...) euthanasia yesterday and today -- The natural law and public morality : second thoughts on what is at stake. (shrink)

ABSTRACT The political works of Adam Blackwood offer a powerful defence of absolute monarchy, and one which explicitly sets political power within a religious framework. Critiquing the resistance theories of his contemporaries, Blackwood was sceptical about the political value of natural law and of any appeal to popular sovereignty, at least in contemporary Europe. Blackwood was deeply troubled by the way Christianity was being used to justify resistance, often in Protestant texts that aligned Christianity and natural law, and he insisted (...) that true Christianity taught obedience. Though he has often been likened to his contemporary Jean Bodin, a closer examination of Blackwood’s writing reveals significant differences, especially on the linked issues of natural law, the value of historical argument, and religion. For Blackwood, sovereign power in general had to be underpinned by religion, the one constant in a world of diverse and mutable social practices, and its particular, local manifestation had to be understood historically, as the product of conquest and force. Aware of the potential tensions between Catholic Christianity and monarchical authority, Blackwood also developed a distinctive piety in an attempt to bolster the alliance he advocated between religious and political authority. (shrink)

Stakeholder management is an important method for reducing business risk. Recent decades have seen the growth of a new type of stakeholder: social protest stakeholders, individuals engaging in protest action which is directed at other unrelated parties, often the government. However, the actions of social protest stakeholders may negatively affect companies located nearby. This stakeholder category has not received any formal attention in the literature, and this article addresses the knowledge gap by exploring the effects (...) of community-driven protest action in South Africa and the strategies that firms adopt to mitigate the negative consequences of such protests. A multiple case study analysis was used to describe this type of stakeholder group and the management of the consequences of social protest action. Eight manufacturing companies in the Gauteng province participated in the study, the companies varied in size and industry. Among the key findings are that companies need to be highly adaptable if they are to mitigate the impact of protest action. We make practical suggestions about how companies may manage these risks, including the recommendation that companies engage more directly with social protestors to manage risks. The study makes an important contribution to the literature by identifying an additional key category of stakeholder and proposing a risk management approach to avert or minimize loss and damage. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro t...

From George Floyd to Breonna Taylor, the brutal deaths of Black citizens at the hands of law enforcement have brought race and policing to the forefront of national debate in the United States. In The Ethics of Policing, Ben Jones and Eduardo Mendieta bring together an interdisciplinary group of scholars across the social sciences and humanities to reevaluate the role of the police and the ethical principles that guide their work. With contributors such as Tracey Meares, Michael Walzer, and (...) Franklin Zimring, this volume covers timely topics including race and policing, the use of aggressive tactics and deadly force, police abolitionism, and the use of new technologies like drones, body cameras, and predictive analytics, providing different perspectives on the past, present, and future of policing, with particular attention to discriminatory practices that have historically targeted Black and Brown communities. This volume offers cutting-edge insight into the ethical challenges facing the police and the institutions that oversee them. As high-profile cases of police brutality spark protests around the country, The Ethics of Policing raises questions about the proper role of law enforcement in a democratic society. (shrink)

In this chapter, I taxonomize early modern modes of relating self-interest and the common good. I discuss Protestant natural law theory, republicanism, utilitarianism, and—my main focus—Scottish social thought from Adam Smith and others. My aim is twofold. First, historically, I lay out the conceptual field for the early modern relation of self-interest and the common good while giving special attention to Scottish innovations. Second, from a philosophical point of view, I argue that the Scottish theory of the common good (...) offers some of the best conceptual resources for considering the relation of individual and community in present-day large, industrial nation-states and empires. More specifically, I claim that the Scots develop a concept of the common good that is (1) more social and economic than its alternatives, (2) more systemic and less dependent on the psychology and intentions of individuals, and (3) less tied to thick notions of community (including the state) and more amenable to empire. I conclude by bringing out the significance of these claims for our thinking about self-interest, the common good, and community. (shrink)

The twentieth-century Dutch philosopher Herman Dooyeweerd left behind an impressive canon of philosophical works and has continued to influence a scholarly community in Europe and North America, which has extended, critiqued, and applied his thought in many academic fields. Jonathan Chaplin introduces Dooyeweerd for the first time to many English readers by critically expounding Dooyeweerd's social and political thought and by exhibiting its pertinence to contemporary civil society debates. Chaplin begins by contextualizing Dooyeweerd's thought, first in relation to present-day (...) debates and then in relation to the work of the Dutch philosopher Abraham Kuyper. Chaplin outlines the distinctive theory of historical and cultural development that serves as an essential backdrop to Dooyeweerd's substantive social philosophy; examines Dooyeweerd's notion of societal structural principles; and sets forth his complex classification of particular types of social structure and their various interrelationships. Chaplin provides a detailed examination of Dooyeweerd's theory of the state, its definitive nature, and its proper role vis-a-vis other elements of society. Dooyeweerd's contributions, Chaplin concludes, assist us in mapping the ways in which state and civil society should be related to achieve justice and the public good. "This superb study simultaneously introduces and critically engages the work of one of the most important and neglected Christian thinkers of the twentieth century, while showing its connection to the pluralist tradition and bringing it to bear on the contemporary debate about civil society. More than just providing an overview of Dooyeweerd's thought, it seeks to advance his intellectual project and show its contemporary relevance. It is essential reading not only for those interested in the neo-Calvinist tradition, but for anyone interested in Christian social thought, structural pluralism, or the nature and fate of civil society." --_Kenneth L. Grasso, Texas State University _ "The subtlety, scope, and insightfulness of Dooyeweerd's social philosophy were unparalleled among Protestant thinkers in the past century. Yet his contributions are not well known. Jonathan Chaplin promises to remedy this neglect. His lucid and masterful study brings a new and transformative voice to contemporary debates about the future of a democratic society." --_Lambert Zuidervaart, Institute for Christian Studies and University of Toronto_ "Finally, an authoritative book that brings to brilliant light and life Herman Dooyeweerd's Christian philosophy of law, politics, and society. For the past half century, the profound and original teachings of this prolific Dutch sage have been lost on most readers. Jonathan Chaplin has rescued Dooyeweerd from his own obscure prose, poor translations, and cultic mystique to reveal his astonishing and engaging insights into our lives as persons and peoples, rulers and citizens, preachers and parishioners, parents and children. This will be the go-to book on Dooyeweerd for many years to come." --_John Witte, Jr., Emory University_ "Herman Dooyeweerd was both deep and original. Much of his writing is an articulation of rather undeveloped lines of thought in his Dutch predecessor, Abraham Kuyper. In the course of his exposition, Chaplin effectively highlights Dooyeweerd's significance for a theory of civil society and for present-day social theory in general." --_Nicholas Wolterstorff, Yale University and the Institute for Advanced Studies, University of Virginia_. (shrink)

The Social Marginalization...In the “enterprise restructuring” process begun in the late 1990s, China’s medium and small-scale state-owned enterprises rapidly converted themselves, through massive sell-offs, mergers and the forming of share-holding cooperatives, into private enterprises, while the larger-scale SOEs strove to reinvent themselves as “modern enterprise systems” through the issuance of shares, by company mergers and sell-offs, or via declarations of bankruptcy. During this process, SOE workers who had retained their jobs and also those who had been “laid off” in (...) the restructuring staged frequent and repeated collective protest actions. Using primary data, this paper seeks to portray the profound social marginalization of workers that has occurred during the SOE restructuring process, and it identifies this factor as being the primary cause of the increase in workers’ collective protests in China in recent years. In the author’s view, the rights to which Chinese workers are entitled under the country’s labor laws have been steadily eroded and diminished by the impact of enterprise restructuring. In a clear case of “closing the stable door after the horse has bolted,” the central government began issuing instructions to safeguard workers’ rights only when the restructuring process had been underway for several years. The wholesale loss of their rights has triggered intense indignation on the part of the workers, and the groundswell of collective protest actions around the country nowadays represents a heart-felt cry for help by an increasingly socially marginalized constituency of many millions. (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international (...) system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through (...) an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

Preview: /Review: Tommy Shelby and Brandon M. Terry, eds. To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr., 463 pages./ To mark the fiftieth anniversary of Martin Luther King, Jr.’s assassination, Harvard professors Tommie Shelby and Brandon M. Terry have produced a masterful reappraisal of King’s legacy, specifically as a political philosopher. More importantly, the book can be read as a mirror through which we can see King’s struggles and resistance, that led him down (...) a “dangerous road,” having strong parallels with the dangerous road we face with current political and social upheavals. Negative reactions against globalization have heightened the sentiments of fear, paranoia, and partisanship. Racial tensions are reaching a boiling-point in the U.S. after the 2017 Charlottesville protests and a pattern of discrimination and senseless killings from the privileged campus of Yale to the country roads of Minnesota or Georgia, by law enforcement and civilians alike. One of the tendencies growing in this distressing hour of world history entails the rise of personality and celebrity cults forming around “strong” leaders. A mobocracy mentality is forming the way we think about politicians, judges, or even health specialists like chief U.S. immunologist Anthony Fauci. Celebrity fetishizing has infected Americans’ sense of reality, including the ways in which politics are practiced and interpreted. Engulfed in the quagmires of identity politics, our attempts to legitimate who has the right to fight for social justice have been paralyzed by these performative gestures of social change and action. It could be argued that the aesthetic presentation and the skills of rebranding have, in a certain sense, replaced the philosophical and moral concerns explored in the sections on “Traditions,” “Ideals,” “Justice,” and “Conscience,” respectively. What King teaches us philosophically has, more often than not, been glossed over by a superficial publicity or aesthetics of infotainment destined for the tabloids. For this reason, King’s iconic image is both a blessing and curse. In order to appreciate the full thrust of King’s thinking, we have to go deeper morally and philosophically to supplement our aesthetic religious values and interests, and that is what these fifteen essays deliver. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Modern Biblical Criticism as a Tool of Statecraft (1700–1900) by Scott W. Hahn and Jeffrey L. MorrowSteven C. SmithModern Biblical Criticism as a Tool of Statecraft (1700–1900) by Scott W. Hahn and Jeffrey L. Morrow (Steubenville, OH: Emmaus Academic, 2020), 312 pp.Almost anyone who has suffered through a course in biblical studies at a secular (or, increasingly so, Christian) university, read a book, or heard a lecture from (...) one of its scholarly progenies is acquainted with the litany of hermeneutical absolutes. Among the factum historicum are the following certainties: the Enlightenment rescued the Bible from the Dark Ages; the Old Testament was shaped out of the mythical clay of Hellenism; Israel's priesthood was a lamentable development that hijacked an earlier, socially oriented love-of-neighbor religion, replacing it with its bloodthirsty, sacrificial cult; the Documentary Hypothesis is not merely a theory, but the scientific truth of how the Pentateuch emerged; one must separate the Jesus of history from the Christ of faith; Peter and Paul clashed over their dueling Christianities; and above all, historical criticism is the only reliable lens by which the Bible is to be studied.In Modern Biblical Criticism as a Tool of Statecraft (1700–1900), Hahn and Morrow expose such positivisms as the outflow of Europe's secularized universities over these centuries. Not only did politically motivated institutions seek to diminish the theological truths of Scripture (and sadly, were often successful at it), but they eventually repurposed the Bible as "a work of historical fiction," such that the Sacred Page was "to be studied like other ancient myths and fairy tales; it is one fairy tale among many" (24). The authors present a thoroughly researched and meticulously detailed study of the period, and throughout the book amply demonstrate that the aforementioned tropes (and numerous others), no matter how often or how confidently recited, are merely one slant on "the story of biblical criticism" in the modern age.Taking their lead from the lead of Pope Benedict XVI, Hahn and Morrow provide a much-needed critique of historical biblical exegesis and its "appearance of quasi-scientific certainty."1 These salient words of the biblical-theologian Pope, articulated in a variety of contexts (e.g., Verbum Domini), provide the jumping-off point for this robust three-hundred-page voyage. And it is a journey through a divided and secularized Europe, with notable stops in England, France, and above all, Germany. This "divided" Europe, the authors explain, was not a result of the Protestant [End Page 985] Reformation, nor of the so-called "war of religions" that sprang from it—no. The divisions run much deeper still. Drawing upon Andrew Jones's important Before Church and State, Hahn and Morrow rightly lament the societal competition that developed within late medieval Christendom between church and state.2Building upon Jones's work, the authors rightly stress that there indeed existed "a unified medieval worldview wherein what we might think of as temporal authorities and spiritual authorities were united in a single purpose—the extension of the kingdom of God—and this was the background that unified Christendom" (3). As Jones point out, this earlier period of European history "was a world not of the religious and the secular, but of the New Testament and the Old, of virtue and vice, grace and law.... It was an integral vision which included all of societal reality."3 Sadly, the reality of "sacramental kingdoms," in which there lived a reciprocal respect and vision of unity between throne and alter, was torn asunder long before the 1700s, the time at which the present volume commences. Over time, this formerly unified European world gave way to the very complicated, deeply skeptical, and highly politicized world of nation-states. And biblical criticism (along with many other worthy and creative endeavors), became deeply mired in "statecraft."Here, it is worth mentioning that the book should be approached as the rightful heir to an earlier volume (which involved one of its authors, Hahn), Politicizing the Bible.4 While Modern Biblical Criticism may be intelligently read upon its own merits, the reader would do well to pick up the earlier... (shrink)

The controversial case of Terri Schiavo came to a close on March 31, 2005, with her death following the removal of a percutaneous endoscopic gastrostomy tube. This event followed years of controversy and social upheaval. Voices from across the entire political and cultural spectrums filled the airwaves and op-ed pages of major newspapers. Protests ensued outside of Ms. Schiavo’s care facility. Ms. Schiavo’s parents published videos of their daughter on the internet in an effort to prove that she was (...) not in a vegetative state and could potentially recover. There is a certain mystery to the entire controversy given the fact that, legally, it was largely a matter of settled law. Precedent cases and legal statutes clearly set out the proper procedures and decisions to be followed in this case. Nonetheless, powerful challenges and virulent opposition to these standards arose. Through an investigation of this case as well as a comparative study of the case of Dax Cowart (in particular, the documentary depictions of Dax Cowart’s case) and of a photograph by Joel-Peter Witkin, I plan to investigate the source of these social upheavals and hypothesize that they were largely the result of a phenomenological reaction to the human face. (shrink)

Although modern Republicanism, which highly values the right of freedom of speech, finds its inspiration in the historical reality of the Roman Republic, it seems that in the course of the Republican period citizens shared a recognised ability to speak freely in public, but did not enjoy equal status with one another in the domain of speech as protected by law. Of course, Republican Rome knew laws regulating free speech and perhaps even later provisions had been passed concerning iniuria. However, (...) in these cases, as later on under Augustus, these measures acted as means of restraint and inhibition and did not directly address the right of the individual to speak freely. The fundamental question this paper addresses is why, in the course of the Republic, the right to speak freely was not protected by law and never came to be recognised as a formalised subjective right in Republican Rome. The answer, I argue, lies in the fact that in Rome speaking freely was conceived as the positive moral quality that characterised a natural ability of human beings, and thereby it could not have provided a field of legislation. It follows that the Roman Republic would not have passed the ‘straight talk test’ that modern Republicanism requires for the establishment of a free and just society. However, Republican Rome invites us to think about liberty of speech as belonging to the realm of ethics: as a moral quality sustained by contemporary social norms, not subject to legislation, which inevitably ends up protecting the interests of a group or groups and their specific speech regimes. (shrink)

HLA Hart tells us about how law would have emerged in a world of primary rules—informal, beneficial norms—by adjustments that the primary rules would naturally require; these adjustments would have introduced secondary rules for regulating the primary. But he does little to explain how the primary rules would themselves have emerged and, by most accounts, does not expand appropriately on the idea that the relevant players in his story would have taken an internal point of view, as he calls it, (...) on the rules involved. This article, presented as the Hart Memorial Lecture on 14 June 2018, argues that both problems can be resolved at once. Elaborating on Hart’s story with an account of how primary rules might have emerged, it also explains why those regularities would have attracted such a point of view. It argues that the emerging primary rules would have come to be perceived, internalised and ratified by all, and would even have been seen as rules to which each was personally committed. (shrink)

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and (...) destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume's editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic 'failure' of Weimar democracy in 1933. (shrink)

A detailed and scholarly study of an American city, with attention directed mainly to Catholic-Protestant relations within an urban community. The city is Holyoke, Massachusetts, chosen because of its interfaith problems, because of the occasion of the Sanger incident in 1940, and because Holyoke is a typical average-sized industrial community, well fitted to represent all such cities. Mr. Underwood, himself a Protestant, writes mainly as a sociologist of religion but also well understands that his personal commitment is a contributing factor (...) to his presentation. Extensive and impressive documentation can be found in the Notes and Appendix.--M. S. S. (shrink)

The article deals with the problematization of the study of the kon (unwritten rules) phenomenon. The functions of the unwritten rules (kon) are compared with the functions of the law. The constitution of social reality as a socio-historical process that establishes the basic categories of society's perception of its social existence is the object of research. The subject of the study is the poorly studied functions of the “kon” in the constitution of social reality. The methodology is (...) held together by general theoretical methods of typology and comparison. The study is built from the observation of the historical phenomenon of the horse to the disclosure of the heuristic potential of the concept of “kon” for describing the phenomena of modern life. The basis of the methodology is the theory of binary oppositions of culture by A.S. Akhiezer, reinforced the dialectical-dialogical pragmatic model of metacommunication R.T. Craig. The social functions of the horse remain poorly studied due to a certain way of configured research optics, concentrated on the laws governing the control of a single center of power by a poorly organized periphery. (shrink)

Purpose Late in 2019, massive protest demonstrations rocked both Chile and Colombia. They were an expression of discontent with the economic model and social policies implemented in both countries in recent decades. The purpose of this study is to investigate how Chilean and Colombian news websites framed these social protests and what aspects of the social movements promoted these media to public opinion. Design/methodology/approach The methodology of this research is empirical; the authors use quantitative and discourse (...) analysis techniques to study the news published by the top three most visited main news websites in each country and deduce the main frameworks emerging from them. After analyzing the framing of reality by media in 4,252 news items, the authors suggest that the main news portals in these Latin American countries not only portrayed the collective actions but also promoted interpretations that did not necessarily reflect the demands of the demonstrations. Findings The findings were that in the 2019 protests in Chile and Colombia, the media approach to collective action was not necessarily positive for the activists. This was mainly because framing in the Chilean and Colombian websites had to do with negative aspects of the movements, such as violence or economic costs. Originality/value The originality and value of this research is that despite the fact that there are abundant case studies on the relationship between social movements and media framing in the literature, this study adds to the current knowledge because it compares two Latin American countries and focuses on Web news portals. (shrink)

The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper than is envisaged (...) in the framework, especially if it can include the extra-territorial activities of corporations. The corporate responsibility to respect human rights is examined in terms of its conceptual and definitional problems, and the article also questions whether there will be sufficient legal remedies available to victims under the framework. (shrink)

American historians have generally accepted Richard Hofstadter's thesis that the scientism of Social Darwinism, or more appropriately, Spencerianism, dominated American thought in the late nineteenth and early twentieth century, and nowhere more enthusiastically or more purposively than within the conservative business community, which used Herbert Spencer's scientism to justify corporate business practices and to rewrite American Constitutional law to protect property interests against governmental regulations. Following Sharlin's general exposition of Herbert Spencer's scientism, this paper examines in detail the validity (...) of the Hofstadter thesis as applied to the notorious Lochner v. New York Supreme Court opinion of 1905. The conclusions drawn from this analysis are offered as a repudiation of the generally accepted belief that it was the conservative activists on the Court who were guilty of Spencerian scientism. On the contrary, the argument is presented that it was Justice Holmes and the liberal reformers who found the evolutionary doctrines of Spencer congenial to their efforts of identifying needed reinterpretations of the American Constitution with biological evolution. (shrink)