No Escapetraces the connection between liberalism and nationalism by focusing on the individual, the body politic, and legal history. Passavant highlights the shift from the Bill of Rights to the Constitution, and shows how the difference between "unalienable rights" and "rights of the people" transformed the legal history of the United States. In meticulously documented case studies, he charts the position of First Amendment rights, demonstrating how legal principles and cultural and political identities are fluid over time.
In in-depth analysis of the legal definition of "civility" and legal battles over the sex industry, Passavant shows how our constitutional rights are not abstract or universal. Rather, these rights remain inextricably connected to their contemporary context.
Combining political theory and legal studies, No Escape challenges conventional wisdom about freedom of speech and provides a new framework for understanding out most cherished liberties.
Author Biography: Paul Passavant is Assistant Professor of Political Science at Hobart and William Smith Colleges.
|Publisher:||New York University Press|
|Product dimensions:||6.00(w) x 9.00(h) x 9.21(d)|
About the Author
Paul A. Passavant is Assistant Professor of Political Science at Hobart and William Smith Colleges.
Table of Contents
1 Liberal Legal Rights and the Grounds of Nationalism
2 John Burgess Is to Woodrow Wilson as Individual Rights Are to Community? Nation, Race, and the Right of Free Speech
3 A Moral Geography of Liberty: John Stuart Mill and American Free Speech Discourse
4 The Landscape of Rights Claiming: The Shift to a Post–Cold War American National Formation
5 Whose First Amendment Is It, Anyway?
6 The Governmentality of Discussion
What People are Saying About This
“Using freedom of speech as a lens onto the meaning of being American, Passavant has written a remarkable book. No Escape is a nuanced and sophisticated treatment of the complex connections of legal rights and nationalism. It is enormously important and timely in its exploration of the ways identity plays out on the terrain of liberal government. Sharply argued and theoretically rich, it makes a cutting-edge contribution to interdisciplinary legal scholarship.”
-Austin Sarat,Amherst College
“A significant contribution to the field. Its focus on the exclusionary practices involved in legalizing rights to free expression make this a provocative and important book.”
-Sanford Schram,Bryn Mawr College
“A brilliant critical historical look at the thinkers who have contributed to the construction of the collective American subject.”
-Michael Shapiro,University of Hawaii
“This is a thought-provoking and well-written book.”
-American Political Science Association
“Passavant’s argument depends on establising a paradoxical tension between two principles conventionally involved in an adversary relationship.”
-Journal of American Studies