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The Disenchantment of Secular Discourse
"This book presses us to look harder at closely held beliefs and to question deeply rooted premises and commitments with which we are perhaps too comfortable."---Richard W Garnett Noire Dame Law School --
Foreordained Failure
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.
Law’s Quandary
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
The Constitution and the Pride of Reason
Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant confusion, elaborate sophistry, and thinly veiled authoritarian bullying. How is it that the pursuit of such lofty aims by yesterday's framers and today's scholars has left us mired in a constitutional morass? This timely book ponders that question with the intellectual vigor it deserves. Observing that standard accounts of constitutional law--both the "conservative" and "liberal" varieties--have lost their power to illuminate, The Con...
US-West European Relations During the Reagan Years
Using extensive survey data, the authors examine the major issues which dominated US-West European relations during the Reagan years. These include security issues, terrorism, economic relations, superpower relations, and American and Soviet images.
Pagans and Christians in the City
Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot’s World War II–era thesis that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in this book that today’s culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith’s Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today’s most controversial issues.
Against the Law
A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and iden...
The Rise and Decline of American Religious Freedom
Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the po...
Pagans and Christians in the City
Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot's World War II-era thesis that the future of the West would be determined by a contest between Christianity and "modern paganism," Smith argues in this book that today's culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith's Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today's most controversial issues.
