The Roman sophist Claudius Aelianus, born in Praeneste in the late second century CE, spent his career cultivating a Greek literary persona. Aelian was a highly regarded writer during his own lifetime, and his literary compilations would be influential for a thousand years and more in the Roman world. This book argues that the De natura animalium, a miscellaneous treasury of animal lore and Aelian's greatest work, is a sophisticated literary critique of Severan Rome. Aelian's fascination with animals reflects the cultural issues of his day: philosophy, religion, the exoticism of Egypt and India, sex, gender, and imperial politics. This study also considers how Aelian's interests in the De natura animalium are echoed in his other works, the Rustic Letters and the Varia Historia. Himself a prominent figure of mainstream Roman Hellenism, Aelian refined his literary aesthetic to produce a reading of nature that is both moral and provocative.

Francis Marion is certainly the stuff of which legends are made. His nickname "The Swamp Fox," bestowed upon him by one of his fiercest enemies, captures his wily approach to battle. The embellishment of his exploits in Parson Weems' early biography make separation of fact from fiction difficult, but certainly represents the awe, loyalty, and attraction he produced in those around him. His legacy is enshrined in the fact that more places in the United States have been named after him than any other soldier of the American Revolution, with the sole exception of George Washington. Even today's U.S. Army Rangers include Marion as one of their formative heroes. Surely much about leadership can be learned from such an intriguing personality. Leading like the Swamp Fox: The Leadership Lessons of Francis Marion unlocks those lessons. Divided into three parts, the book first presents the historical background and context necessary to appreciate Marion's situation. The main body of the book then examines Marion's leadership across eight categories, with a number of vignettes demonstrating Marion's competency. The summary then captures some conclusions about how leadership impacted the American Revolution in the South Carolina Lowcountry. An appendix provides some information about how the reader might explore those physical reminders of Marion and his exploits that exist today. Readers interested in history or leadership, or both, will all find something for them in Leading like the Swamp Fox.

Sexy, scintillating, and sometimes scandalous, Greek epigrams from the age of the Emperor Justinian commemorate the survival of the sensual in a world transformed by Christianity. Around 567 CE, the poet and historian Agathias of Myrina published his Cycle, an anthology of epigrams by contemporary poets who wrote about what mattered to elite men in sixth-century Constantinople: harlots and dancing girls, chariot races in the hippodrome, and the luxuries of the Roman bath. But amid this banquet of worldly delights, ascetic Christianity - pervasive in early Byzantine thought - made sensual pleasure both more complicated and more compelling. In this book, Steven D. Smith explores how this miniature classical genre gave expression to lurid fantasies of domination and submission, constraint and release, and the relationship between masculine and feminine. The volume will appeal to literary scholars and historians interested in Greek poetry, Late Antiquity, Byzantine studies, Early Christianity, gender, and sexuality.

The Roman sophist Claudius Aelianus, born in Praeneste in the late second century CE, spent his career cultivating a Greek literary persona. Aelian was a highly regarded writer during his own lifetime, and his literary compilations would be influential for a thousand years and more in the Roman world. This book argues that the De natura animalium, a miscellaneous treasury of animal lore and Aelian's greatest work, is a sophisticated literary critique of Severan Rome. Aelian's fascination with animals reflects the cultural issues of his day: philosophy, religion, the exoticism of Egypt and India, sex, gender, and imperial politics. This study also considers how Aelian's interests in the De natura animalium are echoed in his other works, the Rustic Letters and the Varia Historia. Himself a prominent figure of mainstream Roman Hellenism, Aelian refined his literary aesthetic to produce a reading of nature that is both moral and provocative.

Sexy, scintillating, and sometimes scandalous, Greek epigrams from the age of the Emperor Justinian commemorate the survival of the sensual in a world transformed by Christianity. Around 567 CE, the poet and historian Agathias of Myrina published his Cycle, an anthology of epigrams by contemporary poets who wrote about what mattered to elite men in sixth-century Constantinople: harlots and dancing girls, chariot races in the hippodrome, and the luxuries of the Roman bath. But amid this banquet of worldly delights, ascetic Christianity - pervasive in early Byzantine thought - made sensual pleasure both more complicated and more compelling. In this book, Steven D. Smith explores how this miniature classical genre gave expression to lurid fantasies of domination and submission, constraint and release, and the relationship between masculine and feminine. The volume will appeal to literary scholars and historians interested in Greek poetry, Late Antiquity, Byzantine studies, Early Christianity, gender, and sexuality.

Prominent observers complain that public discourse in America is shallow and unedifying. This debased condition is often attributed to, among other things, the resurgence of religion in public life. Steven Smith argues that this diagnosis has the matter backwards: it is not primarily religion but rather the strictures of secular rationalism that have drained our modern discourse of force and authenticity.

Thus, Rawlsian public reason filters appeals to religion or other comprehensive doctrines out of public deliberation. But these restrictions have the effect of excluding our deepest normative commitments, virtually assuring that the discourse will be shallow. Furthermore, because we cannot defend our normative positions without resorting to convictions that secular discourse deems inadmissible, we are frequently forced to smuggle in those convictions under the guise of benign notions such as freedom or equality.

Smith suggests that this sort of smuggling is pervasive in modern secular discourse. He shows this by considering a series of controversial, contemporary issues, including the Supreme Court s assisted-suicide decisions, the harm principle, separation of church and state, and freedom of conscience. He concludes by suggesting that it is possible and desirable to free public discourse of the constraints associated with secularism and public reason.

Traditionalist Christians who oppose same-sex marriage and other cultural developments in the US wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago in the Roman Empire faced similar challenges and questions. Starting with T. S. Eliot's claim that the future of the West would be determined by a contest between Christianity and "modern paganism," Smith argues in Pagans and Christians in the City that today's culture wars can be seen as a contemporary reprise of the basic antagonism that pitted pagans against Christians in the late Roman Empire. He looks at that historical conflict and explores how the same competing orientations continue to clash today. Readers on both sides of the culture wars, Smith shows, have much to learn from seeing how patterns from ancient history are reemerging in today's most controversial issues.

This book considers how the modern concept of “conscience� turns the historic commitment on its head, in a way that underlies the decadence of modern society. Steven D. Smith’s books are always anticipated with great interest by scholars, jurists, and citizens who see his work on foundational questions surrounding law and religion as shaping the debate in profound ways. Now, in The Disintegrating Conscience and the Decline of Modernity, Smith takes as his starting point Jacques Barzun’s provocative assertion that “the modern era� is coming to an end. Smith considers the question of decline by focusing on a single theme—conscience—that has been central to much of what has happened in Western politics, law, and religion over the past half-millennium. Rather than attempting to follow that theme step-by-step through five hundred years, the book adopts an episodic and dramatic approach by focusing on three main figures and particularly portentous episodes: first, Thomas More’s execution for his conscientious refusal to take an oath mandated by Henry VIII; second, James Madison’s contribution to Virginia law in removing the proposed requirement of religious toleration in favor of freedom of conscience; and, third, William Brennan’s pledge to separate his religious faith from his performance as a Supreme Court justice. These three episodes, Smith suggests, reflect in microcosm decisive turning points at which Western civilization changed from what it had been in premodern times to what it is today. A commitment to conscience, Smith argues, has been a central and in some ways defining feature of modern Western civilization, and yet in a crucial sense conscience in the time of Brennan and today has come to mean almost the opposite of what it meant to Thomas More. By scrutinizing these men and episodes, the book seeks to illuminate subtle but transformative changes in the commitment to conscience—changes that helped to bring Thomas More’s world to an end and that may also be contributing to the disintegration of (per Barzun) “the modern era.�

Essays that explore the growing field of conflict archaeology. Within the last twenty years, the archaeology of conflict has emerged as a valuable sub-discipline within anthropology, contributing greatly to our knowledge and understanding of human conflict on a global scale. Although archaeologists have clearly demonstrated their utility in the study of large-scale battles and sites of conventional warfare, such as camps and forts, conflicts involving asymmetric, guerilla, or irregular warfare are largely missing from the historical record. Partisans, Guerillas, and Irregulars: Historical Archaeology of Asymmetric Warfare presents recent examples of how historical archaeology can contribute to a better understanding of asymmetric warfare. The volume introduces readers to this growing study and to its historic importance. Contributors illustrate how the wide range of traditional and new methods and techniques of historiography and archaeology can be applied to expose critical actions, sacrifices, and accomplishments of competing groups representing opposing philosophies and ways of life, which are otherwise lost in time. The case studies offered cover significant events in American and world history, including the French and Indian War, the American Revolution, Indian wars in the Southeast and Southwest, the Civil War, Reconstruction, Prohibition, and World War II. All such examples used here took place at a local or regional level, and several were singular events within a much larger and more complex historic movement. While retained in local memory or tradition, and despite their potential importance, they are poorly, and incompletely addressed in the historic record. Furthermore, these conflicts took place between groups of significantly different cultural and military traditions and capabilities, most taking on a ""David vs. Goliath"" character, further shaping the definition of asymmetric warfare.

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

In partnership with the University of South Carolina Press, the Simms Initiatives at the University of South Carolina Libraries reissue authoritative editions of out of print works by William Gilmore Simms, antebellum South Carolina's preeminent man of letters. Each volume also includes a new scholarly introduction. This is a facsimile of the 1844 edition, with critical introduction by Steven D. Smith and biographical overview by David Moltke-Hansen.

Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life-"cancel culture," the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, "the loss of the groundwork of the world." Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly-problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith's use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from the centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. He makes the case that the American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and freedom of conscience. Smith maintains that the distinctive American contribution to religious freedom was not in the First Amendment, which was intended merely to preserve the political status quo in matters of religion. What was important was the commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Rather than upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do's and don'ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

"Ambitious in scope, yet full of detailed and incisive criticisms of specific cases and theological principles, "Getting Over Equality" is an uncommon work of truly interdisciplinary scholarship. The provocative legal and theological theses make it a welcome addition to contemporary scholarship in both fields and a recommended text from any course that considers law and religion in the American context."--"The Journal of Religion"

Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue.

In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumptionmistakenly believed to be rooted in the Constitutionthat all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefsand without pretending to believe in a spurious "equality" among the variety of diverse faiths.

The second revised edition of this companion to the ponds and lakes of New Hampshire's White mountains celebrates their rich diversity: You can hike, ski, snowshoe, swim, paddle a canoe, watch birds or moose, or simply linger by a sunny shore. Expanded fishing information tells you where to cast a line for small-mouth bass, perch, native speckled trout, and more. The ponds that Smith describes range from a tree-lined roadside beauty perfect for a spontaneous swim to an isolated mountain tarn reached only after a day of serious hiking or snowshoeing. He weaves into the text anecdotes and quotations culled from old guidebooks and local history. Additional information includes a bibliography and the author's lists of everything from the best ponds for a family hike to the best rocks to sit on. Each of the 68 descriptions include: * A trail description * Directions to road or trailhead access, with a topographical map * A summary of hiking facts, pond and lake statistics, activities, and fishing opportunities * Descriptions of nearby overlooks that offer bird's-eye views * Notes on visiting in winter

Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, intersecting the fields of politics, law, and religion, Smith criticizes the main positions in the debate and explains their misconception.

Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant confusion, elaborate sophistry, and thinly veiled authoritarian bullying. How is it that the pursuit of such lofty aims by yesterday's framers and today's scholars has left us mired in a constitutional morass?
This timely book ponders that question with the intellectual vigor it deserves. Observing that standard accounts of constitutional law--both the "conservative" and "liberal" varieties--have lost their power to illuminate, The Constitution and the Pride of Reason explores how constitutional law hangs together (and how it falls apart) by investigating the perennial claim that the Constitution and its interpretation somehow embody a commitment to governance by "reason." What does this claim mean, and is it valid? In confronting these queries, Smith offers revealing and iconoclastic assessments of constitutionalists ranging from Madison and Jefferson to Dworkin and Bork. Also detailed in these pages is a provocative overview of the whole constitutional project, from its noble aspirations to its tragic failures.
A truly visionary work that investigates the scholarship, the design, and the history of the quintessential American legal document, this volume also sensibly reflects on the meaning and possibility of the ethical commitment to the "life of reason." It will appeal not only to students of constitutional law but also to those interested in political science, philosophy, and American history.

This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.

The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.