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  • Cited by 5
Publisher:
Cambridge University Press
Online publication date:
May 2013
Print publication year:
2013
Online ISBN:
9781139024013

Book description

America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.

Reviews

"In the age of Occupy gatherings and tea party town hall protests, the question of dissent and its definition—and ultimate purpose—becomes more urgent, and the timing of On Dissent couldn't be better in that sense."-Susan Gardner, Daily Kos

"This is a fine book. It is not hard reading; it is tough thinking. It should be required reading for school board members and other public officials and for everyone who wants to continue to learn." -Tom Phillips, Washington Independent Review of Books

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Contents

Select and Annotated Bibliography
Barnett, Randy E.Interview by Ronald Collins and David Skover. Tape recording, June 2, 2012. Washington, DC.
Chomsky, Noam. Interview by David Skover. Tape recording, October 8, 2004. Massachusetts Institute of Technology, Cambridge, MA.
Donahue, Phil. Interview by David Skover. Tape recording, September 20, 2010. New York City.
Gitlin, Todd. Interview by David Skover. Tape recording, July 19, 2004. Columbia University, New York City.
Green, Steven K.Interview by David Skover. Tape recording, January 8, 2011. Willamette University School of Law, Salem, OR.
Greenawalt, Kent. Interview by David Skover. Tape recording, July 20, 2004. Columbia University, New York City.
Jansen, Sue Curry. Interview by David Skover. Tape recording, August 25, 2010. Muhlenberg College, Allentown, PA.
Jhally, Sut. Interview by David Skover. Tape recording, August 12, 2010. University of Massachusetts at Amherst, Amherst, MA.
Krug, Anita K.Interview by Ronald Collins and David Skover. Tape recording, May 12, 2012. University of Washington School of Law, Seattle, WA.
Linde, Hans A.Interview by David Skover. Tape recording, February 14, 2004. Willamette University School of Law, Salem, OR.
MacKinnon, Catharine A.Interview by David Skover. Tape recording, May 17, 2004. University of Chicago School of Law, Chicago, IL.
Nader, Ralph. Interview by Ronald Collins and David Skover. Tape recording, September 16, 2010. Center of Study for Responsive Law, Washington, DC.
Newman, Judge Jon O.Interview by David Skover. Tape recording, January 26, 2011. Sarasota, FL.
Nussbaum, Martha C.Interview by David Skover. Tape recording, January 18, 2011. University of Chicago School of Law, Chicago, IL.
Schauer, Frederick. Interview by David Skover. Tape recording, October 11, 2004. Harvard University School of Law, Cambridge, MA.
Shiffrin, Steven. Interview by David Skover. Tape recording, August 27, 2010. Cornell University School of Law, Ithaca, NY.
Stevelman, Faith. Interview by Ronald Collins and David Skover. Tape recording, April 15, 2012. Seattle University School of Law, Seattle, WA.
Stone, Geoffrey. Interview by David Skover. Tape recording, May 17, 2004. University of Chicago School of Law, Chicago, IL.
Strossen, Nadine. Interview by David Skover. Tape recording, September 21, 2010. New York Law School, New York City.
Walzer, Michael. Interview by David Skover. Tape recording, September 20, 2010. New York University, New York City.
West, Cornel. Interview by David Skover. Tape recording, September 22, 2010. Princeton University, Princeton, NJ.
Zinn, Howard. Interview by David Skover. Tape recording, October 11, 2004. Boston University, Boston, MA.
Carter, Stephen L.The Dissent of the Governed: A Meditation on Law, Religion, and Loyalty. Cambridge, MA: Harvard University Press, 1998. (Describing the legitimacy of the state as measured by its dissenters’ tolerance for authority.)
Commager, Henry Steele. Freedom, Loyalty, Dissent. New York: Oxford University Press, 1954. (Recognizing that American history was rooted in dissent, and that we encourage it because a healthy state cannot live without it.)
Euchner, Charles C.Extraordinary Politics: How Protest and Dissent Are Changing American Democracy. Boulder, CO: Westview Press, 1996. (With an eye to the dynamics of “ordinary politics,” an exploration of dissent and protest as forms of “extraordinary politics.”)
Fortas, Abe. Concerning Dissent and Civil Disobedience. New York: Signet Books, 1968. (Focusing on the contours of the right to dissent and offering classic cases of civil disobedience as examples of rightful dissent.)
Gitlin, Todd. The Intellectuals and the Flag. New York: Columbia University Press, 2006. (Examining popular culture as a surrogate for political action.)
Lovell, Jarret S.Crimes of Dissent: Civil Disobedience, Criminal Justice, and the Politics of Conscience. New York: New York University Press, 2009. (Detailing the actions of “criminals” who deliberately and publicly violate the law as expressions of protest against perceived racial, economic, or other social injustices.)
Penalver, Eduardo Moises and Katyal, Sonia K.. Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership. New Haven, CT: Yale University Press, 2010. (Drawing attention to the general question of change within real and intellectual property rights and the crucial function played by criminal and civil disobedience within that process.)
Shiffrin, Steven. Dissent, Injustice, and the Meanings of America. Princeton, NJ: Princeton University Press, 2000. (Positing that dissenters stand at the center of the First Amendment, and not at its periphery.)
Sunstein, Cass R.Why Societies Need Dissent. Cambridge, MA: Harvard University Press, 2003. (Legitimating dissent as a necessary counterforce to the destabilizing and dysfunctional social consequences of conformity; more a study of the phenomenon of conformity in its various guises and operations than a study of the phenomenon of dissent per se.)
Walzer, Michael. The Company of Critics. New York: Basic Books, 2002. (Arguing that criticism is most properly the work of “insiders,” men and women mindful of and committed to the people whose practices and policies they call into question.)
Bay, Christian. “Civil Disobedience: The Inner and Outer Limits.” In Dissent and the State, edited by Franks, C. E. S., 40–59. Toronto: Oxford University Press, 1989. (Exploring the parameters of civil disobedience as a phenomenon.)
Berlant, Lauren. “The Epistemology of State Emotion.” In Dissent in Dangerous Times, edited by Austin Sarat, 46–78. Ann Arbor: University of Michigan Press, 2005. (Explaining that the contemporary “war on terrorism” capitalizes on the emotionality of public rhetoric to normalize a collective response that abhors “nuanced” dissent.)
Blumer, Herbert. “Social Movements.” In The Sociology of Dissent, edited by Denisoff, R. Serge, 4–20. New York: Harcourt Brace Jovanovich, 1974. (Contrasting “reform” with “revolution,” and discussing “expressive movements,” such as fashion and lifestyle choices.)
Bosmajian, Haig A. “Introduction.” In Dissent: Symbolic Behavior and Rhetorical Strategies, edited by Bosmajian, Haig A., 1-11. Boston, MA: Allyn and Bacon, 1972. (Studying symbolic behavior as the strategy of dissenters.)
Brown, Wendy. “Political Idealization and Its Discontents.” In Dissent in Dangerous Times, edited by Austin Sarat, 23–45. Ann Arbor: University of Michigan Press, 2005. (Exploring political love, fealty and critique through a consideration of love and idealization.)
Cheney, George and Lair, Daniel J.. “Elevating Dissent and Transcending Fear-Based Culture at War and at Work.” In Dissent and the Failure of Leadership, edited by Banks, Stephen P., 182–207. Northampton, MA: Edward Elgar Publishing, 2008. (Exploring contemporary fear in entertainment views outside mainstream positions.)
Clark, Ramsey. “The First Amendment and the Politics of Confrontation.” In Dissent, Power, and Confrontation, edited by Klein, Alexander, 3–31. New York: McGraw Hill Book Co., 1971.
Corbett, Edward P. J. “The Rhetoric of the Open Hand and the Rhetoric of the Closed Fist.” In Dissent: Symbolic Behavior and Rhetorical Strategies, edited by Bosmaijan, Haig A., 71–83. Boston, MA: Allyn and Bacon, 1972. (Analyzing the characteristics of “open hand” versus “closed fist” dissent.)
Cromley, Brent R.The Right to Dissent in a Free Society.” Montana Law Review 32 (1971): 215–226. (Describing the tension between a “free society” that suggests the tolerance of a right of dissent and a “system of laws” that presupposes no right to disobey the law.)
Gerken, Heather K.Dissenting by Deciding.” Stanford Law Review 47 (2005): 1745–1785. (Describing the phenomenon whereby those who hold a minority view within the culture as a whole enjoy majoritarian power within a local constituency.)
Grace, Elizabeth and Leys, Colin. “The Concept of Subversion and Its Implications.” In Dissent and the State, edited by Franks, C. E. S., 62–85. Toronto: Oxford University Press, 1989. (Exploring the origins and modern understanding of “subversion.”)
Gusterson, Hugh. “The Weakest Link? Academic Dissent in the ‘War on Terrorism.’” In Dissent in Dangerous Times, edited by Sarat, Austin, 81–110. Ann Arbor: University of Michigan Press, 2005. (Attempts to constrict academic critics of governmental policy typically failed, because such dissent was largely ineffectual.)
Hackett, Robert A. “Dissent May Not Need to Be Disciplined: Corporate Influence in the News Media.” In Disciplining Dissent, edited by Bruneau, William and Turk, James L., 143–161. Toronto: James Lorimer and Company, 2004. (Arguing that dissent does not need to be disciplined, because mass media's institutional procedures and socialization preempt such expression in the first place.)
Horowitz, Irving Louis and Liebowitz, Martin. “Social Deviance and Political Marginality.” In The Sociology of Dissent, edited by Denisoff, R. Serge, 263–280. New York: Harcourt Brace Jovanovich, 1974. (Differentiating political dissent from personal deviancy.)
Ibsen, Henrik. “Introduction.” In Protest: Man against Society, edited by Armstrong, Gregory, 15–91. New York: Bantam Books, 1969. (Examining the function of mass protest in American democratic system, and arguing that there is a duty of the citizen to protest.)
Koffler, Judith Schenck and Gershman, Bennett L.. “The New Seditious Libel.” Cornell Law Review 69 (1984): 816–882. (Tracking the history of seditious libel in Anglo-American law and analyzing our current “national state of insecurity.”)
Martin, Brian. “Varieties of Dissent.” In Dissent and the Failure of Leadership, edited by Banks, Stephen P., 22–36. Northampton, MA: Edward Elgar Publishing, 2008. (Analyzing the distinctions among disagreement, dissent, rebellion, and heresy.)
Quigley, William P.The Necessity Defense in Civil Disobedience Cases: Bring In the Jury.” New England Law Review 38 (2003): 3–72. (In the context of civil disobedience jury trials, it is troubling if the court refuses to permit the necessity defense to be made in cases of indirect civil disobedience.)
Rubin, Edward L.John Newman's Theory of Disparagement and the First Amendment in the Administrative State.” New York Law Review 46 (2002–2003): 249–277. (Suggesting that the flaccid state of dissent in modern America is partially a result of the structure and organization of the modern administrative state and the character of contemporary mass media.)
Rush, Gary B. “Toward a Definition of the Extreme Right.” In The Sociology of Dissent, edited by Denisoff, R. Serge, 210–225. New York: Harcourt Brace Jovanovich, 1974. (According dissenter status to the ideology and practices of the “extreme right” in contemporary America.)
Sarat, Austin. “Terrorism, Dissent, and Repression: An Introduction.” In Dissent in Dangerous Times, edited by Sarat, Austin, 1–19. Ann Arbor: University of Michigan Press, 2005. (Characterizing dissent during the current “war on terrorism” and the dangers of dissent during wartime.)
Sawicki, Nadia N.The Hollow Promise of Freedom of Conscience.” Cardozo Law Review 33 (2012): 1389–1449. (Examining the contexts in which conscience intersects most often with law – religious claims, refusals by medical providers, and military objections, among others – and arguing that U.S. law does not demonstrate respect for the theory of freedom of conscience as a general matter.)
Schauer, Frederick. “The Boundaries of the First Amendment: A Preliminary Exploration of Constitutional Salience.” Harvard Law Review 117 (2004): 1765–1809. (Explaining America's obsession with freedoms of speech as a function, in part, of the magnetism of events of dissent and protest.)
Sunder, Madhavi. “Cultural Dissent.” Stanford Law Review 54 (2001): 495–567. (Describing an approach to cultural conflict that recognizes “cultural dissent” within contemporary culture.)
Theoharis, Athan G. “The FBI and Dissent in the United States.” In Dissent and the State, edited by Franks, C. E. S., 86-110. Toronto: Oxford University Press, 1989. (Examining the history of the FBI from the Roosevelt to Reagan administrations and its investigations of leftist dissenters.)
Toscano, Paul. “The Sanctity of Dissent.” In Dissent and the Failure of Leadership, edited by Banks, Stephen P., 169–181. Northampton, MA: Edward Elgar Publishing, 2008. (Providing ten reasons for viewing dissent as a “holy” act.)
Bleiker, Roland. Popular Dissent, Human Agency and Global Politics. New York: Cambridge University Press, 2000.
Chang, Nancy. Silencing Political Dissent: How Post-September 11 Anti-Terrorism Measures Threaten Our Civil Liberties. New York: Seven Stories Press, 2002.
Cohen, Alfred E.Minerva's Progress: Tradition and Dissent in American Culture. New York: Harcourt Brace & World, 1946, reissued 1969.
Dunbar, Anthony, ed. Where We Stand: Voices of Southern Dissent. Montgomery, AL: NewSouth Books, 2004.
Dunham, Barrows. Heroes and Heretics. New York: Alfred A. Knopf, 1964.
Gaustad, Edwin Scott. Dissent in American Religion. Chicago: University of Chicago Press, rev. ed. 2006.
Green, Steven K.The Second Disestablishment: Church and State in Nineteenth Century America. New York: Oxford University Press, 2010.
Hamilton, Neil. Rebels and Renegades. New York: Routledge, 2002.
Hecht, Jennifer Michael. Doubt: A History. San Francisco: Harper, 2003.
Howe, Irving, ed. Twenty-Five Years of Dissent: An American Tradition. New York: Methuen, 1979.
Ivie, Robert L.Dissent from War. Bloomfield, CT: Kumarian Press, 2007.
Jackson, Perceival E.Dissent in the Supreme Court: A Chronology. Norman: University of Oklahoma Press, 1969.
Kampf, Louis, ed. Counter-Tradition: A Reader in the Literature of Dissent and Alternatives. New York: Basic Books, 1971.
Kalven, Jr., Harry. The Negro and the First Amendment. Columbus: Ohio State University Press, 1965.
Klement, Frank L.The Limits of Dissent: Clement L. Vallandigham and the Civil War. New York: Fordham University Press, 1998.
Larsen, Ojvind. The Right to Dissent: The Critical Principle in Discourse Ethics and Deliberative Democracy. Copenhagen: Museum Tusculanum Press / University of Copenhagen, 2009.
Laursen, John Christian, ed. Difference and Dissent: Theories of Toleration in Medieval and Early Modern Europe. New York: Rowman and Littlefield, 1996.
Levi, Margaret. Consent, Dissent, and Patriotism. New York: Cambridge University Press, 1997.
Levy, Leonard. Blasphemy: Verbal Offense against the Sacred, from Moses to Salman Rushdie. New York: Alfred A. Knopf, 1993.
Lovell, Jarrett S.Crimes of Dissent: Civil Disobedience, Criminal Justice, and the Politics of Conscience. New York: New York University Press, 2009.
Martin, Robert, W. T. Government by Dissent: Protest, Resistance, and Radical Democratic Thought in The Early American Republic. New York: New York University Press, 2013.
Masheder, Richard. Dissent and Democracy: Their Mutual Relations and Common Object: An Historical Review. London: Bradbury and Evans, 1864.
Mayers, David. Dissenting Voices in America's Rise to Power. New York: Cambridge University Press, 2007.
Moore, R. I.The Origins of European Dissent. New York: St. Martin's Press, 1977.
Morison, Samuel Eliot, Merck, Frederick, and Freidel, Frank. Dissent in Three American Wars. Cambridge, MA: Harvard University Press, 1970.
Nederman, Cary J. and Laursen, John Christian. Difference and Dissent: Theories of Toleration in Medieval and Early Modern Europe. New York: Rowman & Littlefield, 1996.
Nussbaum, Martha C.Liberty of Conscience: In Defense of America's Tradition of Religious Equality. New York: Basic Books, 2008.
Ober, Josiah. Political Dissent in Democratic Athens: Intellectual Critics of Popular Rule. Princeton, NJ: Princeton University Press, 1998.
Routley, Erik. English Religious Dissent. New York: Cambridge University Press, 2009.
Schultz, Bud and Schultz, Ruth. The Price of Dissent. Berkeley: University of California Press, 2001.
Shepard, Benjamin and Hayduck, Ronald. From ACT UP to the WTO. New York: Verso, 2002.
Stein, Stephen J.Communities of Dissent: A History of Alternative Religions in America. New York: Oxford University Press, 2003.
Young, Ralph E.Dissent in America: The Voices That Shaped a Nation. New York: Pearson Education, 2006.
Zick, Timothy. Speech Out of Doors: Preserving First Amendment Liberties in Public Places. New York: Cambridge University Press, 2009.

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