Radical

Radical Critiques of the Law

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.

Transatlantic Radicals and the Early American Republic

In the transatlantic world of the late eighteenth century, easterly winds blew radical thought to America. Thomas Paine had already arrived on these shores in 1774 and made his mark as a radical pamphleteer during the Revolution. In his wake followed more than 200 other radical exiles—English Dissenters, Whigs, and Painites; Scottish "lads o'parts"; and Irish patriots—who became influential newspaper writers and editors and helped change the nature of political discourse in a young nation. Michael Durey has written the first full-scale analysis of these radicals, evaluating the long-term influence their ideas have had on American political thought. Transatlantic Radicals uncovers the roots of their radicalism in the Old World and tells the story of how these men came to be exiled, how they emigrated, and how they participated in the politics of their adopted country. Nearly all of these radicals looked to Paine as their spiritual leader and to Thomas Jefferson as their political champion. They held egalitarian, anti-federalist values and promoted an extreme form of participatory democracy that found a niche in the radical wing of Jefferson's Republican Party. Their divided views on slavery, however, reveal that democratic republicanism was unable to cope with the realities of that institution. As political activists during the 1790s, they proved crucial to Jefferson's 1800 presidential victory; then, after his views moderated and their influence waned, many repatriated, others drifted into anonymity, and a few managed to find success in the New World. Although many of these men are known to us through other histories, their influence as a group has never before been so closely examined. Durey persuasively demonstrates that the intellectual ferment in Britain did indeed have tremendous influence on American politics. His account of that influence sheds considerable light on transatlantic political history and differences in religious, political, and economic freedoms. Skillfully balancing a large cast of characters, Transatlantic Radicals depicts the diversity of their experiences and shows how crucial these reluctant émigrés were to shaping our republic in its formative years.

A Course in Mandarin Lessons