A Modest Proposal for a Political Court

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The legitimacy of the Supreme Court is widely assumed to depend on the perception that its decisions are dictated by law. This is the central thesis of the extraordinary joint opinion in Planned Parenthood v. Casey,' decided by the Supreme Court at the end of the 1991 Term. The joint opinion observes that the Court's power lies in its legitimacy, and that its legitimacy is "a product of the substance and perception" that it is a court of law. Thus, frequent overrulings are to be avoided, because this would "overtax the country's belief' that the Court's rulings are grounded in law. Especially when a controversial ruling like Roe v. Wade is involved, a decision to overrule should be avoided at all costs, because this would give rise to the perception that the Court is "surrender[ing] to political pressure" or "over-nul[ing] under fire." Such a perception, in turn, would lead to "loss of confidence in the judiciary." Translated, the thesis of the joint opinion is that the further a decision deviates from the Constitution, the more important it is for the Court to adhere to that decision, or else the public may conclude that the emperor is wearing no clothes. If no hope can be expected from the Court on its own initiative, then what should persons who believe in judicial restraint and the rule of law do? One positive step would be to have the Federalist Society, which contains many individuals of this description, cease promoting the idea that legal questions have right answers. Instead, the Federalist Society should dedicate itself to promoting deconstructionism, Critical Legal Studies, feminism, Critical Race Theory, and the widest possible cacophony of liberal constitutional theories. The message conveyed by these enterprises is that the Supreme Court is a political institution. The more widespread this perception becomes, the closer will come the day when the Court behaves like a court of law.

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  • Rocky Mountain Review
  • Lori A Davis Perry

Satirizing the Blood Libel:Ritual Cannibalism, Infant Sacrifice, and Bloodied Knives in "A Modest Proposal" Lori A. Davis Perry (bio) The ritual butchering of Irish children for profit, celebrated as a reasonable economic program that will benefit all concerned in Jonathan Swift's "Modest Proposal," suggests a moral vacuum on the part of the narrator that appalls modern readers. Claude Rawson has argued that the pamphlet targets the Irish simultaneously as a despised and identifiable subgroup and as rhetorical shorthand for the more universal "generalized savage" (3). Swift's contemporary readers, however, would have been subjected to an additional source of unease, for the pamphlet censures the ruling classes through pointed references to anti-Semitic tropes by alluding directly to the Blood, Conspiracy, and Economic Libels, the oldest and most dangerous libels against Jews. His Projector proposes an economic program in which Anglo cultural and national identity are transformed to reflect the most viral accusations against the Jews, thereby reversing centuries of moral posturing that depended to a large degree upon a perceived cultural distance from any and all elements of Judaism. The pamphlet thus translates fears of cultural, religious, and racial conflations between Anglo Christians and Jews into a potential reality, as traditional accusations against mythologized Jews become realized as proposed economic policy. Critical attention to anti-Semitism in British literature tends to focus primarily on either the medieval and early modern periods or the nineteenth century to the present. While Anglo-Jewish historians have paid some attention to the eighteenth century, as a general rule literary critics of philoor anti-Semitism have glossed over the period.1 In part, the absence of large Jewish populations in Britain, and their corresponding absence as overt literary characters, has encouraged literary critics to presume a level of cultural indifference, or even amnesia, about Jews among Swift's readers. Yet the absence of a large Jewish population had little effect upon British ideas about Jews; traditional narratives about Jews, no matter how fanciful, superstitious, [End Page 119] or contradicted by evidence, had been asserted in the British Isles and Europe for centuries, developing into a well-formed, long-lasting mythology that continues even into the current era. During Swift's lifetime, anti-Semitic tropes were so familiar as to be accepted nearly without question by readers throughout the British Isles, and formed the everyday knowledge, common opinions, and received ideas of what Roland Barthes describes as the cultural code. Indeed, the Anglo response to the idea of a Jew infuses not simply the literature but the language itself. Whether scholars, diplomats, travelers, or simply tradesmen and farmers, Swift's readers demonstrate a deep-seated awareness of libels against Jews and a corresponding concept of Judaism as antithetical to Anglo identity and culture. "A Modest Proposal" mines this knowledge for its satirical impact. European hatred toward Jews had increased dramatically in the eleventh century, culminating in the Rhineland massacres of 1096. Thereafter, murder accusations against Jews became routine, developing formal conventions over time. The first accusation of ritual murder by crucifixion appeared in Thomas of Monmouth's The Life and Miracles of St. William of Norwich in 1150. Ritual murder accusations (without the accusation of crucifixion) then appeared in Würzburg (1147), Gloucester (1168), Blois (1171), Bury St. Edmunds (1181) and Winchester (1192); inspired by Monmouth, later writers added crucifixion accusations as a matter of course (Langmuir 209-36, 263-81, 282, 298.). Ritual murder accusations spread quickly through Britain and France, but the accusation of cannibalism first appeared in Fulda Germany in 1235, where on Christmas Day, a miller and his wife went to church and returned to find their mill burnt down and the bodies of their five sons in the ruins. The Jews of Fulda, sixty miles north, confessed, presumably under torture, that two of them had killed the boys and drained their blood into bags, to be consumed for religious and/or medicinal purposes. As a result, thirty-four Jews were condemned to mass execution. Thus, the Blood Libel, which conflated ritual child murder and cannibalism, became widespread throughout Europe. After the Fourth Lateran Council of 1215 adopted Transubstantiation as official Church doctrine, a Host Desecration Libel arose, in...

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Reviewed by: Sciences from Below: Feminisms, Postcolonialities, and Modernities Bonnie Shulman (bio) Sciences from Below: Feminisms, Postcolonialities, and Modernities. By Sandra Harding. Durham, N.C.: Duke University Press, 2008. Pp. vii+283. $79.95/$22.95. What can be done to transform modern science and politics, which currently deliver their benefits only to an elite few, into truly democratic practices that serve all of the world’s people? This is the question Sandra Harding sets out to answer in Sciences from Below. Along the way she presents a stunning synthesis of research from post-positivist, feminist, and postcolonial science studies scholars. Her work, although unique in its attempt to integrate these different research agendas, shares the goals of the group of STS activists who advocate for an “applied science studies” to inform social justice projects. The focus of Harding’s analysis is on (Western) modernity and “the ways it remains haunted by anxieties about the feminine and the primitive, both of which are associated with the traditional” (p. 1). Why has this scholar, known for her research in feminist and postcolonial science studies, turned her attention to modernity studies? It is, she writes, in order to “obstruct the way that the modernity vs. tradition binary shapes research projects” (p. 19). In Part I, “Problems with Modernity’s Science and Politics,” Harding reviews the strengths and limitations of the work of three STS scholars who have critiqued the way science and politics are currently organized: the French anthropologist of science Bruno Latour, the German sociologist and environmental theorist Ulrich Beck, and the team of European sociologists headed by Michael Gibbons, Helga Nowotny, and Peter Scott. These three different approaches to rethinking modern science and politics share some commonalities. All three reject postmodernism because it gets stuck in critique and does not offer a positive alternative to transform science and politics. Along with Harding, all three argue that science and politics are inescapably entangled, that changing one inevitably involves changing the other. On the one hand, “science appropriates to itself as merely technical matters decisions that are actually social and political ones” (p. 25). On the other hand, policymakers often appeal to science to legitimize their own projects. One might say one hand washes the other. All three are also mostly gender-blind and make only perfunctory gestures toward science and technology in global contexts. Thus in Part II, “Views from (Western) Modernity’s Peripheries,” Harding reviews the strengths and limitations of scholarship from three social movements at the margins of modernity: Western women’s, postcolonial, and third-world women’s science and technology studies. In Part III, “Interrogating Tradition: Challenges and Possibilities,” Harding uses standpoint theory to look at science and politics “from [End Page 682] below”—from the standpoint of women and the world’s other least-advantaged peoples. In the final chapter she offers her own “modest proposal”—a vision of transformed sciences and politics. Harding’s strongest contribution is the construction of a bridge between traditional science studies scholars and feminist and postcolonial science and technology studies. She looks at each research agenda from the perspective of the others. She points out how all three analyses from Part I “provide powerful justifications for feminist and postcolonial projects even though they do not put their arguments to this goal. In turn, those social movements could effectively make use of some of [traditional science studies’] arguments” (p. 77). She poses some provocative questions: For example, on page 149 she wonders what a “world of mutually, partially independent scientific and technological traditions and projects [would] look like.” Harding is a courageous public intellectual trying to understand how others see us and themselves. For me, the most disappointing aspect of the book was the final chapter. Harding’s modest (critics might say outrageous) proposal entails “start[ing] off research from women’s lives in households” (p. 225). I was eagerly anticipating some concrete suggestions as to how “research on nuclear fission, the ozone hole, or the philosophy of science affects the flourishing of households and those responsible for them” (p. 233), but, alas, Harding leaves us with the acknowledgment that this proposal will be “difficult to pursue” and that it provides a...

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Previous articleNext article No AccessComment on Professor Pontecorvo's "The State of Worldwide Fishery Statistics: A Modest Proposal"MICHAEL A. ROBINSON and FRANCIS T. CHRISTY, JR.MICHAEL A. ROBINSON Search for more articles by this author and FRANCIS T. CHRISTY, JR. Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Marine Resource Economics Volume 6, Number 11989 Article DOIhttps://doi.org/10.1086/mre.6.1.42629005 Views: 2Total views on this site Citations: 1Citations are reported from Crossref Copyright © 1989 Taylor & FrancisPDF download Crossref reports the following articles citing this article:Douglas M. Johnston Is coastal state fishery management successful or not?, Ocean Development & International Law 22, no.22 (Jan 1991): 199–208.https://doi.org/10.1080/00908329109545956

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Introduction: The Spider and the Bee: Ancients vs. Moderns and the Battle of the Books 1. The World Swift Saw Aborning 2. The Priesthood of All Readers:'This good had full as bad a Consequence' 3. Swift and the Modern Personal Essay: A Tale of a Tub and 'A Modest Proposal' 4. Tripping and Troping , Inside and Out:Surface, Depth, and the 'Converting Imagination' in A Tale of a Tub 5. 'The Physical Act of Worship, not the Mental Act of Belief or Assent': Reading An Argument against Abolishing Christianity

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