MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
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MURDER, POLITICS, AND THE END OF THE JAZZ AGE by Michael Wolraich Order today at Barnes & Noble / Amazon / Books-A-Million / Bookshop |
By Amy Chua & Jed Rubenfeld @ TheAtlantic.com for the October 2018 print issue
The Constitution once united a diverse country under a banner of ideas. But partisanship has turned Americans against one another—and against the principles enshrined in our founding document.
(Both are professors at Yale Law School, Chua the author of Political Tribes: Group Instinct and the Fate of Nations.& Rubenfeld the author of Freedom and Time: A Theory of Constitutional Self-Government.)
Comments
A collection of alternative creeds:
by artappraiser on Thu, 10/11/2018 - 11:02am
Am early into reading Appiah's book The Lies That Bind and finding it well-written, intelligent, thoughtful, and stimulating. He attends to complexities some who talk about identity and identity politics ignore, give short shrift to, or may simply be ignorant of. I've read other stuff by him and appreciate him. This book so far is reading like an elaboration and perhaps further refinement of themes he's written on previously.
From Chua's earlier World on Fire, I learned a lot about how ethnic dynamics play out domestically in other countries she is well familiar with, and thought it was interesting. She is perhaps better known to more of the public for her writings on the Tiger Mom phenomenon.
Just finished Mistaken Identity, a short critique of identity politics from the left by Asad Haider. He is an interesting guy and I thought it had some good insights and information (I hadn't heard of Hubert Harrison before, and I was not familiar with the work of Theodore Allen, either), but that those could have been communicated more effectively in an article carrying less ideological freight.
by AmericanDreamer on Thu, 10/11/2018 - 11:28am
oh hey thanks for your whole comment, but especially thanks for pointing out Chua's the Tiger Mom lady. Sheesh that book was so popular and controversial, I recall that it caused a great outpouring of #MeToo type, of people claiming dysfunction or worse from being raised by Tiger moms.
by artappraiser on Thu, 10/11/2018 - 11:33am
Chua's and Rubenfeld's depiction of the "Left'" questioning the right of free speech leaves important elements unsaid. First of all, what that might mean in the context of opposing institutional racism is not the same thing as challenging the power of corporations to own speech and where it can be heard. In the case of Citizen's United, for instance, the opposition and dismay concerns free speech not being safe from moneyed interests. Gosh, when I say it that way, it doesn't sound like I am using the Bill of Rights to fire up my grill.
Tolerating free speech from voices deemed by some to be too awful can be a constitutional issue but is also bound up with mores and standards of acceptable behavior. When it becomes a matter of law, then it also becomes a matter of Equal Protection. While discussing the difference between procedures of representation and the substantive meaning as it applies to citizens, David AJ Richards said the following:
Chua and Rubenfeld chastise simplistic impulses but they aren't making the issue complicated enough themselves.
While I am picking bones out of the stew, I would like to complain about this statement:
George is making a distinction between tribes and party that is critical to the message. Different communities and organization with different aspirations are not the enemy. While the Establishment of Religion clause is a decision as a nation to stop killing each for believing stuff, its primary function is to encourage people to differentiate themselves from others. It is a charter for not living a way of life that is against your will. Let there be as many tribes as needed to achieve this condition. The binary quality of party allegiance militates against this principle. The "spirit of party" is not another tribe or animal. It is an intoxication that leads a person away from the divisions and customs they would preserve if not under the influence.
George Washington is saying this in the context of building an alternative to the Divine Right of Kings but he is addressing the King Killer, Oliver Cromwell. The negative outcomes he fears has already shown itself.
by moat on Thu, 10/11/2018 - 3:43pm
Supporting the idea of intoxication in the above interpretation is how the word "spirit" was used in the Eighteenth century . There is the obvious religious meaning of an invisible agent that lives in people that is used interchangeably with "ghost."
Montesquieu titled one of his books, The Spirit of the Laws . He argues that reason is this spirit and that it animates a social process. This approach is also an analysis of what is fundamental in such a process.
Both of those uses can be heard in Washington's warning. There is a ghost that wants to run things and there is a way that such a monster gets things done.
by moat on Fri, 10/12/2018 - 3:52pm
All that said, and it's very fine and thought-provoking, I feel the need to simplify and not give all these guys genius status. The 13 colonies were definitely 13 cultural tribes and the main thing I think they were thinking about is: how the heck can we unify into an entity that can protect itself without self-destructing? Let's try this:
~ Bartleby.com
by artappraiser on Fri, 10/12/2018 - 8:47pm
The expediency they were making their decisions within does have the quality of "we gotta try something."
On the other hand, the Federalist Papers and the notes for the constitutional convention present to us a society well versed in the ideas of their time and a willingness to discuss them.
The reason I brought this up was to question the way the Atlantic article assumed that George was on board with their view of "tribalism." I don't have to prove George is a genius to observe that an opinion about division as we express it now may run into a spot of bother when projected upon the spirit of another time.
Put another way, the founders had their own Overton Window. They were confident about a lot of things. They were scared shitless of other things. Our window is different.
by moat on Fri, 10/12/2018 - 10:08pm
a deep thought as regards Constitutional "originalists":
by artappraiser on Thu, 10/11/2018 - 3:45pm