In Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies, David A.J. Richards offers an investigative comparison of two central figures in late 18th century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play, the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke’s importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke’s own long-term loving relationship to another man; and third, it shows how Burke’s understanding of the political psychology of the violence of “political religions” is an enduring contribution to understanding fascist threats to political liberalism from the 18th century onwards, including the contemporary constitutional crises in the U.S. and UK. deriving from populist movements. Mixing thorough research with personal experiences, this book will be an invaluable resource to scholars of political science and theory, constitutional law, political psychology, and LGBTQ+ issues.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

Shakespeare has been dubbed the greatest psychologist of all time. This book seeks to prove that statement by comparing the playwright's fictional characters with real-life examples of violent individuals, from criminals to political actors. For Gilligan and Richards, the propensity to kill others, even (or especially) when it results in the killer's own death, is the most serious threat to the continued survival of humanity. In this volume, the authors show how humiliated men, with their desire for retribution and revenge, apocryphal violence and political religions, justify and commit violence, and how love and restorative justice can prevent violence. Although our destructive power is far greater than anything that existed in his day, Shakespeare has much to teach us about the psychological and cultural roots of all violence. In this book the authors tell what Shakespeare shows, through the stories of his characters: what causes violence and what prevents it.

David A. J. Richards's Resisting Injustice and The Feminist Ethics of Care in The Age of Obama: "Suddenly,...All The Truth Was Coming Out" builds on his and Carol Gilligan's The Deepening Darkness to examine the roots of the resistance movements of the 1960s, the political psychology behind contemporary conservatism, and President Obama's present-day appeal as well as the reasons for the reactionary politics against him. Richards begins by laying out the basics of the ethics of care and proposing an alternative basis for ethics: relationality, which is based in convergent findings in infant research, neuroscience, and evolutionary psychology. He critically analyzes patriarchal politics and states that they are rooted in a reactionary psychology that attacks human relationality and ethics. From there, the book examines the 1960s resistance movements and argues that they were fundamentally oriented around challenging patriarchy. Richards asserts that the reactionary politics in America from the 1960s to the present are in service of an American patriarchy threatened by the resistance movements ranging from the 1960s civil rights movements to the present gay rights movement. Reactionary politics intend to marginalize and even reverse the ethical achievements accomplished by resistance movements-creating, in effect, a system of patriarchy hiding in democracy. Richards consequently argues that Obama's appeal is connected to his challenge to this system of patriarchy and will examine both Obama's appeal and the reactions against him in light of the 2012 presidential election. This book positions recent American political development in a broad analysis of the role of patriarchy in human oppression throughout history, and argues that a feminist-based ethics of care is necessary to form a more humane and inclusive democratic politics.

Shakespeare has been dubbed the greatest psychologist of all time. This book seeks to prove that statement by comparing the playwright's fictional characters with real-life examples of violent individuals, from criminals to political actors. For Gilligan and Richards, the propensity to kill others, even (or especially) when it results in the killer's own death, is the most serious threat to the continued survival of humanity. In this volume, the authors show how humiliated men, with their desire for retribution and revenge, apocryphal violence and political religions, justify and commit violence, and how love and restorative justice can prevent violence. Although our destructive power is far greater than anything that existed in his day, Shakespeare has much to teach us about the psychological and cultural roots of all violence. In this book the authors tell what Shakespeare shows, through the stories of his characters: what causes violence and what prevents it.

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights.

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. The book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil s Aeneid, Apuleius s The Golden Ass, and Augustine s Confessions. Democratic resistance in religion, psychology, the arts, and politics rests on free voices challenging patriarchal restrictions on the love of equals. In addition to examining why we are at war, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad."

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, this book shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism. Advocates of feminism and gay rights (in particular, the Bloomsbury Group in Britain) play an important public function in the criticism of imperialism because they resist the gender binary's role in rationalizing sexism and homophobia in both public and private life. The connection between the rise of gay rights and the fall of empire illuminates larger questions of the meaning of democracy and of universal human rights as shared human values that have appeared since World War II. The book also casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy, and that they must reflect Western, as opposed to African or Asian, values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy."

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

David A. J. Richards's Resisting Injustice and The Feminist Ethics of Care in The Age of Obama: "Suddenly,...All The Truth Was Coming Out" builds on his and Carol Gilligan's The Deepening Darkness to examine the roots of the resistance movements of the 1960s, the political psychology behind contemporary conservatism, and President Obama's present-day appeal as well as the reasons for the reactionary politics against him. Richards begins by laying out the basics of the ethics of care and proposing an alternative basis for ethics: relationality, which is based in convergent findings in infant research, neuroscience, and evolutionary psychology. He critically analyzes patriarchal politics and states that they are rooted in a reactionary psychology that attacks human relationality and ethics. From there, the book examines the 1960s resistance movements and argues that they were fundamentally oriented around challenging patriarchy. Richards asserts that the reactionary politics in America from the 1960s to the present are in service of an American patriarchy threatened by the resistance movements ranging from the 1960s civil rights movements to the present gay rights movement. Reactionary politics intend to marginalize and even reverse the ethical achievements accomplished by resistance movements-creating, in effect, a system of patriarchy hiding in democracy. Richards consequently argues that Obama's appeal is connected to his challenge to this system of patriarchy and will examine both Obama's appeal and the reactions against him in light of the 2012 presidential election. This book positions recent American political development in a broad analysis of the role of patriarchy in human oppression throughout history, and argues that a feminist-based ethics of care is necessary to form a more humane and inclusive democratic politics.

This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights.

This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, this book shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism. Advocates of feminism and gay rights (in particular, the Bloomsbury Group in Britain) play an important public function in the criticism of imperialism because they resist the gender binary's role in rationalizing sexism and homophobia in both public and private life. The connection between the rise of gay rights and the fall of empire illuminates larger questions of the meaning of democracy and of universal human rights as shared human values that have appeared since World War II. The book also casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy, and that they must reflect Western, as opposed to African or Asian, values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

What is tragedy? This work argues that it is, at once, art and science -- an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. The author expands discussion of the idea of the tragic to include music drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia), a developmental psychology of gender (drawing on the work of Carol Gilligan -- the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood), and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. At its core is a complex psychic geography of patriarchal practices imposed on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices -- fundamental to the family, politics, and religion -- enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy -- a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood.

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

What is tragedy? This work argues that it is, at once, art and science -- an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia), a developmental psychology of gender (drawing on the work of Carol Gilligan the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood]), and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices -- fundamental to the family, politics, and religion -- enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy -- a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood. analytics of traumatised voice under patriarchy; Tragic art: patriarchy in ancient Athens and Verdi's Italy; Music as the memory of suppressed voice in Verdi's mature operas; Verdi and Italian nationalism; Parents and children; Siblings; Lovers; Tragedy as the dilemma of democratic manhood; Between Patriarchal and Democratic Manhood.

How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements--black civil rights, feminism, and religious toleration--to determine how these might serve as analogies for the gay rights movement.
Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one's identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience.
A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles-relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. The book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil s Aeneid, Apuleius s The Golden Ass, and Augustine s Confessions. Democratic resistance in religion, psychology, the arts, and politics rests on free voices challenging patriarchal restrictions on the love of equals. In addition to examining why we are at war, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad.

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his "Toleration and the Constitution" and "Foundations of American Constitutionalism," Richards links history, law, and political theory. In "Conscience and the Constitution," this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole.

Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues.

Originally published in 1993.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.