Bøger udgivet af Harvard University Press

A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress. In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as "historical gloss." Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the "imperial presidency" in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority. Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

The definitive story of a top Chinese politician's ill-fated quest to reform the Communist Party. When Hu Yaobang died in April 1989, throngs of mourners converged on the Martyrs' Monument in Tiananmen Square to pay their respects. Following Hu's 1987 ouster by party elders, Chinese propaganda officials had sought to tarnish his reputation and dim his memory, yet his death galvanized the nascent pro-democracy student movement, setting off the dramatic demonstrations that culminated in the Tiananmen massacre. The Conscience of the Party is the comprehensive, authoritative biography of the Chinese Communist Party's most avid reformer and its general secretary for a key stretch of the 1980s. A supremely intelligent leader with an exceptional populist touch, Hu Yaobang was tapped early by Mao Zedong as a capable party hand. But Hu's principled ideas made him powerful enemies, and during the Cultural Revolution he was purged, brutally beaten, and consigned to forced labor. After Mao's death, Hu rose again as an ally of Deng Xiaoping, eventually securing the party's top position. In that role, he pioneered many of the economic reforms subsequently attributed to Deng. But Hu also pursued political reforms with equal vigor, pushing for more freedom of expression, the end of lifetime tenure for CCP leaders, and the dismantling of Mao's personality cult. Alarmed by Hu's growing popularity and increasingly radical agenda, Deng had him purged again in 1987. Historian and former intelligence analyst Robert L. Suettinger meticulously reconstructs Hu's life, providing the kind of eye-opening account that remains impossible in China under state censorship. Hu Yaobang, a decent man operating in a system that did not always reward decency, suffered for his principles but inspired millions in the process.

A visionary reexamination of the value of privacy in today's hypermediated world--not just as a political right but as the key to a life worth living. The parts of our lives that are not being surveilled and turned into data diminish each day. We are able to configure privacy settings on our devices and social media platforms, but we know our efforts pale in comparison to the scale of surveillance capitalism and algorithmic manipulation. In our hyperconnected era, many have begun to wonder whether it is still possible to live a private life, or whether it is no longer worth fighting for. The Right to Oblivion argues incisively and persuasively that we still can and should strive for privacy, though for different reasons than we might think. Recent years have seen heated debate in the realm of law and technology about why privacy matters, often focusing on how personal data breaches amount to violations of individual freedom. Yet as Lowry Pressly shows, the very terms of this debate have undermined our understanding of privacy's real value. In a novel philosophical account, Pressly insists that privacy isn't simply a right to be protected but a tool for making life meaningful. Privacy deepens our relationships with others as well as ourselves, reinforcing our capacities for agency, trust, play, self-discovery, and growth. Without privacy, the world would grow shallow, lonely, and inhospitable. Drawing inspiration from the likes of Hannah Arendt, Jorge Luis Borges, and a range of contemporary artists, Pressly shows why we all need a refuge from the world: not a place to hide, but a psychic space beyond the confines of a digital world in which the individual is treated as mere data.

Common Sense reveals a political ideal so fundamental to American politics that we are unaware of its power and its myriad uses. Sophia Rosenfeld shows how common sense--the wisdom of ordinary people, self-evident truths--has been used to justify all political extremes, with a history that is anything but commonsensical.

This book is devoted to a deceptively simple but original argument: that copying is an essential part of being human, that the ability to copy is worthy of celebration, and that, without recognizing how integral copying is to being human, we cannot understand ourselves or the world we live in. In spite of the laws, stigmas, and anxieties attached to it, the word copying permeates contemporary culture, shaping discourse on issues from hip hop to digitization to gender reassignment, and is particularly crucial in legal debates concerning intellectual property and copyright. Yet as a philosophical concept, copying remains poorly understood. Working comparatively across cultures and times, Marcus Boon undertakes an examination of what this word means historically, culturally, philosophically and why it fills us with fear and fascination. He argues that the dominant legal-political structures that define copying today obscure much broader processes of imitation that have constituted human communities for ages and continue to shape various subcultures today. Drawing on contemporary art, music and film, the history of aesthetics, critical theory, and Buddhist philosophy and practice, "In Praise of Copying" seeks to show how and why copying works, what the sources of its power are, and the political stakes of renegotiating the way we value copying in the age of globalization.

This data-rich sociological study uses everything from census figures to Who's Who to analyze how, over 125 years, the British elite have used status, elite education, and powerful social networks to shape politics and cultural values. But what happens when elites begin to change-in what they look like, value, and how they position themselves?

No detailed description available for "The Process of Modernization".

No detailed description available for "The Capsule of the Mind".

No detailed description available for "The Political Economy of Urban Schools".

No detailed description available for "Stalin's Foreign Policy Reappraised".

Tim Harper shows on an epic scale how Asiäs anti-imperial movements depended on global revolutionary networks, and he traces the lingering power of internationalist utopian dreams in the postcolonial world.

Henry James rebelled against the tyranny and banality of plots. Believing a life to have many potential paths and a self to hold many destinies, he hung the evocative shadow of what might have been over much of what he wrote. Yet James also realized that no life can be lived - and no story written - except by submission to some outcome. In this study of James's work, Millicent Bell explores this oscillation between hope and fatalism, indeterminacy and form, and uncertainty and meaning. In the process Bell provides fresh insight into how we read and interpret fiction.

We generally suppose that it is our right to freedom that allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want. John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism - the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships. This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms it is permissible - indeed, it is necessary - to make judgments about the goodness and badness of actions.

Pairs is a student-led journal at Harvard University Graduate School of Design dedicated to design conversations. Pairs 04 features Danielle Auburt, Melanie Boehi, Fernanda Canales, Theaster Gates, Ryan W. Kennihan, Yasmeen Lari, Maeling Lokko, Sergio Lopez-Pineiro, Sharon Mattern, Jeffrey Shaw, Kate Wagner, and others.

"Here, in a grand narrative spanning 1,800 years of European history, a distinguished political philosopher firmly rejects Western liberalism's usual account of itself: its emergence in opposition to religion in the early modern era. Larry Siedentop argues instead that liberal thought is, in its underlying assumptions, the offspring of the church. Beginning with a moral revolution in the first centuries CE, when notions about equality and human agency were first formulated by St. Paul, Siedentop follows these concepts in Christianity from Augustine to the philosophers and canon lawyers of the fourteenth and early fifteenth centuries, and ends with their reemergence in secularism--another of Christianity's gifts to the West"--Jacket.

When Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.

For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part of a commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

While teaching at an all-Black middle school in Atlanta, Levinson realized that her students individual self-improvement would not necessarily enable them to overcome their historical marginalization. In order to overcome their civic empowerment gap, students must learn how to reshape power relationships through public political and civic action."

After retiring from teaching literature, Patricia Meyer Spacks embarked on a year-long project of rereading dozens of novels: childhood favorites, young adult fiction, canonical works she didn t like, guilty pleasures. "On Rereading" records the surprising, fascinating results of her personal experiment and raises a number of intriguing questions.

"To Free a Family" tells the remarkable story of Mary Walker, who in August 1848 fled her owner for refuge in the North and spent the next seventeen years trying to recover her son and daughter. Her freedom, like that of thousands who escaped from bondage, came at a great price remorse at parting without a word, fear for her family s fate."

In 1896 a massive Ethiopian army routed an invading Italian force and brought Italy s conquest of Africa to an end. In defending its independence, Ethiopia cast doubt on the assumption that all Africans would fall under the rule of Europeans, and opened a breach that would lead to the continent s painful struggle for freedom from colonial rule.

Nezar AlSayyad narrates the many Cairos that have existed through time, offering a panorama unmatched in temporal and geographic scope, through an in-depth examination of the city's architecture and urban form. His narration illuminates how there can be "no one history of the city, but rather multiple, contested, and often invented histories."

Spreading democracy abroad or protecting business at home: this book offers a new look at the history of the contest between isolationism and internationalism that is as current as the wars in Iraq and Afghanistan and as old as America itself, with profiles of the people, policies, and events that shaped the debate.

Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism, and proposes a series of reforms that will minimize, if not eliminate, the risks going forward.

Strange, deformed, and piercingly beautiful, the child acrobat Mignon sprang onto the public stage in 1795. No child at all, but a figment of Goethe's fiction, Mignon appeared and reappeared in countless forms and guises over the next century. The meaning of this compelling creature is at the center of Carolyn Steedman's book, a brilliant account of how nineteenth-century notions of childhood, like those expressed in the figure of Mignon, gave birth to the modern idea of a self. During the nineteenth century, a change took place in the way people in Western societies understood themselves--the way they understood the self and how it came into being. Steedman tracks this development through changing attitudes about children and childhood as these appear in literature and law, medicine, science, and social history. Moving from the world of German fiction to that of child acrobats and "street arabs" in nineteenth-century Britain, from the theories of Freud to those of Foucault, she shows how the individual and personal history that a child embodied came to represent human "insideness." Particularly important for understanding this change is the part that Freudian psychoanalysis played, between 1900 and 1920, in summarizing and reformulating the Victorian idea that the core of an individual's psychic identity was his or her own lost past, or childhood. Using the perspectives of social and cultural history, and the history of psychology and physiology, Strange Dislocations traces a search for the self, for a past that is lost and gone, and the ways in which, over the last hundred years, the lost vision has come to assume the form of a child.

Nandi Timmanäs Theft of a Tree recounts how Krishna stole the wish-granting p¿rij¿ta tree from the garden of Indra, king of the gods, to appease his wife Satyabhama. This is the first English translation of the poem, which prefigures the modern Telugu novel with its unprecedented narrative unity.

Oligarchy is a threat to the republic. Joseph Fishkin and William Forbath show that, for most of US history, Americans saw the Constitution as responding to that threat by imposing on legislators a duty to break up oligarchy, block corporate political power, and ensure a broad distribution of wealth and political power among ordinary Americans.

Randy Barnett and Evan Bernick return to the primary sources on the origin, drafting and adoption of the Fourteenth Amendment to better understand its original meaning. Arguing that it protected principles of Republican citizenship, fundamental rights and civic equality, they propose workable doctrines for implementing these principles in practice.

In his final work, Richard Rorty provides the definitive statement of his political thought. Rorty equates pragmatism with anti-authoritarianism, arguing that because there is no authority we can rely on to ascertain truth, we can only do so intersubjectively. It follows that we must learn to think and care about what others think and care about.