Attorney General Kennedy versus Solicitor General Cox: The Formulation of the Federal Government's Position in the Reapportionment Cases

In a recent article in this journal, “May It Please the Court? The Solicitor General's Not-So-‘Special' Relationship: Archibald Cox and the 1963–1964 Reapportionment Cases,” ¹ Helen J. Knowles shows how the Supreme Court went beyond the arguments of the Solicitor General, Archibald Cox, in establishing “one man, one vote” as the governing principle for the election of state legislators. In making this demonstration, Ms. Knowles also shows how Attorney General Robert Kennedy prevailed on Cox to support the plaintiffs in six reapportionment cases despite Cox's serious doubts about this position. ² In doing so, Ms. Knowles was more than generous in describing my small part in this story.     

A “Scented Declaration of Progress”: Globalisation,Afropolitan Imagineering and Familiar Orientations

Branded as “Africa's first luxury perfume”, the Scent of Africa perfume is a “scented declaration of progress”. Particularly fascinating is the commercial advertisement for the perfume, which I argue to be an “Afropolitan Imagineering” project that is intended to signal Africa's rise and its new association with global cosmopolitanism. At first glance, the Scent of Africa perfume advertisement seems to point to the ways in which Imagineering projects can reproduce colonial discourses about Africanness. However, in this article, I suggest that we complicate the advertisement and examine its subversive potential to decentre whiteness and celebrate Africanness while writing Africa into the world. Despite this subversion, I conclude that African worlding practices should disinherit the familiarity of Eurocentric geographic determinism that is embedded in Afropolitan Imagineering and instead become informed by afro‐futuristic imaginings and disidentification politics.     

Understanding Yhwh's Threats through Modern Politics—and Vice Versa

Abstract

Divine violence in the Hebrew Bible is regularly cited as primitive, irrelevant, and possibly unintelligible within a modern context. This paper presents a structural analogy between Yhwh's threats of destruction against Israel in Deuteronomy and threats against the disloyal made by the modern state. Deuteronomy expresses Yhwh's relationship with Israel in ancient Near Eastern suzerainty terms that reflect an unchallengeable demand for the vassal's undiluted loyalty. As in the treaties, this demand is backed with threats of destruction for the disloyal. Such threats are difficult to comprehend within a modern framework where loyalty demands and threats are largely illegitimate. However, the modern state provides a useful analogy because harsh state reprisals are legitimate against disloyal citizens. Contemporary examples from modern American responses to treason in the "Cold War" and the "War on Terror" illustrate the analogy with Yhwh's threatened destruction of disloyal Israel in Deuteronomy.     

The Roots and Achievements of the Early Proto‐Sunni Movement: A Profile and Interpretation

In recent years, the term “proto‐Sunni” has become common in scholarship on the early centuries of Islam. Drawing on categories developed by Peter Berger, this study seeks to move toward a more inclusive portrait of the early proto‐Sunni movement and a more organic understanding of the movement's success. It argues that owing to the erosion of several of the “plausibility structures” of earliest Islam, three tendencies emerged among the proto‐Sunnis between the early 8^th and mid‐9^th centuries C.E.: proto‐Sunnis as traditionist ?ulamā?, proto‐Sunnis as pious ascetics, and proto‐Sunnis as volunteer holy warriors. The prestige acquired through their activities in these areas enabled the early proto‐Sunnis to “objectify” and “legitimize” new plausibility structures which would prove decisive to an eventual Sunni consensus.     

In Defense of “Public Reason”: Supreme Court Justice William Johnson

For those of us who gravitate toward rebels and upstarts, Supreme Court Justice William Johnson has uncommon appeal, if only because he was the first member of the federal Bench to kick up his heels in a sustained, effective, and deliberate way. In 1954, Johnson's only biographer, Donald Morgan, proclaimed him “the first dissenter,” ¹ a force for democratization in the style of Thomas Jefferson and Andrew Jackson, the man who persuaded Chief Justice John Marshall to compromise on the question of unitary opinions and institutionalize (if not applaud) publication of concurring or dissenting departures from the majority's official reasoning.     

The Passenger Cases Reconsidered in Transatlantic Commerce Clause History

The Supreme Court's 5–4 decision in the Passenger Cases (1849) overturned two Northern states' taxes on poor foreign immigrants. The Court's eight opinions disputed whether destitute transatlantic immigrants arriving in U.S. ports were legally and constitutionally “persons” like fugitive slaves fleeing the South, free African Americans residing in the U.S.‐Canadian borderlands, and black seamen working on ships entering Southern ports. The eight opinions issued in the case, as Charles Warren noted, raised fundamental constitutional questions concerning whether U.S. congressional or state authority was exclusive or concurrent over persons moving in interstate and international business, reflecting wider sectional struggles fostering the Civil War. ¹ More recently, Mary Bilder and others examined connections among indentured contract labor, race‐based American slavery, and the Court's antebellum Commerce Clause decisions to establish that foreign immigrants were commercial objects subject to regulation through the Constitution's Commerce Clause. ² Southerners and Northern pro‐slavery supporters argued, however, that fugitive slaves and free blacks crossing interstate and international borders were “persons” who could be regulated or altogether excluded under state police powers. ³     

Capitalism's Anxious Whole: Fear,Capture and Escape in the Grundrisse

Abstract: Two Hegels inhabit the Grundrisse. The first is conservative of the “selfsame” subject that continuously returns to itself as non‐identical identity and propels “history”. The other Hegel tarries with the “negative” he (which or variously calls “non‐being”, “otherness”“difference”) to disrupt this plenary subject to Marx's reading of a Hegel who is different‐in‐himself lends Grundrisse its electric buzz: seizing Hegel's “negative” as the not‐value of value, i.e. “labor”, Marx explains how capital must continuously enroll labor to its will in order to survive and expand. But this enrollment is never given; hence, despite its emergent structure of necessity, capital's return to itself as “self‐animating value” is never free of peril. The most speculative aspect of my argument is that the figure of “labor” in Grundrisse, because of its radically open formulation as not‐value, anticipates the elusive subject of difference in postcolonial theory, “the subaltern”—that figure which evades dialectical integration, and is in some ontological way inscrutable to the “master”. Unexpectedly, then Grundrisse gives us a way to think beyond the epistemic and geographic power of “Europe”.     

“UNABLE TO RESIST”: ON THE “POSSIBILITY” OF “IMPOSSIBILITY” AND CHRISTOPHE BOUTON'S TIME AND FREEDOM

This essay reflects critically on Martin Heidegger's remarks about authenticity and death with the aid of Christophe Bouton's Temps et liberté (2002), translated by Christopher Macann as Time and Freedom (2014). It first raises general questions concerning the possible thematic relationship between human endeavoring (action) and the experiences of finitude and freedom. Heidegger's Being and Time is particularly useful for exploring this relationship, but certain problems emerge when using this text for accessing the essay's themes. To wit: there are good reasons for mistrusting readings of Being and Time as a “practical” guide for grounding action. Against the practical reading, the essay wishes to reclaim the ontological‐existential significance of Heidegger's text. Although Bouton's treatment of Being and Time excludes its ontological dimensions and is entirely practical, even to the point of disregarding certain theoretical risks inherent in this approach, Bouton's study is indispensable for situating Being and Time in a historical‐intellectual context, whereby the experiences of freedom and time are understood within certain metaphysical presuppositions rendering them difficult to establish together on reliable grounds. Following Bouton's lead, the essay shows that the hermeneutic differences between practical and ontological readings of Being and Time can be explored through reflections on what Heidegger might have meant by the term “Möglichkeit” (“possibility”), from which Bouton infers “freedom.” It is alleged that Bouton does not fully consider all of Heidegger's assertions regarding Möglichkeit, most problematically the claim that the human being's most essential “possibility” is its “impossibility,” that is to say, its death.     

The Urban Sensorium: Space, Ideology and the Aestheticization of Politics

This essay outlines a theoretical framework for investigating the links between the production of urban space (Lefebvre) and the production of ideology (Althusser) and hegemony (Gramsci) by proposing the concept of “the urban sensorium”. With a view to the aesthetics of urban experience and everyday life, this concept aligns Fredric Jameson's “postmodern” adaptation of city planner Kevin Lynch's research on “cognitive mapping” with Walter Benjamin's insights on “aestheticizing politics” in order to ask: how does urban space mediate ideology and produce hegemony while aestheticizing politics? In so doing, the spotlight falls on a conceptual constellation including four key theoretical terms: “ideology”, “aesthetics”, “mediation” and “totality”. While working through them, the essay argues that Jameson's outstanding contribution to a spatialized understanding of “postmodernism” lies above all in his Marxist (Lukácsian, Althusserian and Sartrean) theorization of mediation and totality; whereas radical students of the city can find the richest dialectical elaboration of these two concepts with special attention to space and urbanism in the oeuvre of Henri Lefebvre, especially in the recently translated The Urban Revolution.     

“Voy a empeñar la Edad de Oro”: Historia,música y política en la crisis española (2011–2016)

ABSTRACT

Spain's current economic and social crisis has involved a profound reappraisal of the country's history, institutions, and official narratives, especially after the emergence of the 15M or indignados movement in 2011. A crucial example of this shift has been the widespread criticism of Spain's “Transition to Democracy” or Transición, widely considered Spain's “foundational” narrative. In this article, a series of examples from the musical field—including essays, songs, and public uses of music—are studied and contextualized in order to analyze different interpretations and critiques of the Transición developed by artists, intellectuals, and politicians who took part in the 15M or have been influenced by its “climate” (Fernández Savater). In these examples, two complementary trends are identified: on the one hand, an intention to reclaim part of the Transición's collective mood through its musical symbols; on the other, a rejection of its political legacy, as expressed in criticisms of its musical canon.     

IN THE FOLDS OF TIME: RASHĪD AL‐DĪN ON THEORIES OF HISTORICITY

By focusing on Rashīd al‐Dīn's (d. 718/1318) historiographical oeuvre and here in particular his “History of the World,” this article challenges the usual approach to his Jāmi? al‐tawārīkh (Compendium of Chronicles) and argues that his was a deeply pluralistic enterprise in a world with many centers, tremendous demographic change, high social mobility, and constantly shifting truth‐claims in an ever expanding cosmos, to which Rashīd al‐Dīn's method, language, and the shape of his history were perfectly adaptable. This article introduces the notion of “parallel pasts” to account for Rashīd al‐Dīn's method. By placing the Jāmi? al‐tawārīkh and its author in their historical and intellectual context, this article also argues that this method is not restricted to Rashīd al‐Dīn's historiography: His historiographical work ought to be seen as part of his larger theological and philosophical oeuvre into which the author placed it consciously and explicitly, an oeuvre that is, like Rashīd al‐Dīn's historiography, pluralist at heart, and that could be as easily classified as “theology” or “philosophy” as “historiography.”     

Hugo von Hofmannsthal: The Symbol as Experience

Dreams and Discourses (1627) by Francisco de Quevedo is a Baroque satirical work composed by five dreamlike narrations that criticize the moral decadence of seventeenth-century Spanish society. Traditionally, it has been read as a conservative Catholic text that conveys an official view of truth and morality. This article attempts to question that reading by addressing the use of subversive strategies, such as wordplay and ambiguity. Through an analysis of the paratext, the narrative voices, and the satire of popular trades—e.g., bankers—the article sheds light on the text's self-erosion of established moral and epistemological values. It concludes that behind its apparent religious correctness, the work reflects on the fundamental opacity of language. Theoretically, Quevedo's satire is understood as a disseminatory artifact following Derrida in Dissemination.     

A review of China's foreign policy decision‐making during the Cold War

In the past 10 years or so, gradual declassifications of official foreign policy documents in the Soviet Union, in China and in the United States have provided opportunities for research in the various fields concerned. More importantly, in the realm of China's international relations theory this has been a period for “letting a hundred flowers bloom” through translation, study, argument, and reflection. Particularly worth noting is that in recent years, research in China's decision‐making in foreign policy, which had hitherto been off‐limits, has been gradually opening up, resulting in many publications. An example is China's Foreign Policy Decision‐Making during the Cold War written by Professor Niu Jun of The School of International Studies of Peking University, and published by Japan's Chikura Publishing Company in September 2007.     

“Spreading the Wealth”: Justice Tom C. Clark's Wide‐ranging Efforts to Open the Doors of the Law Clerk Ranks

Associate Justice Tom C. Clark retired from the Supreme Court at the conclusion of its 1966 term to avoid even the appearance of impropriety when his son, Ramsey, became the U.S. Attorney General. “I believe it would be best for me to retire,” Clark wrote one well‐wisher, “Litigants have enough problems without having a father‐son psychology to face. And while there is no actual conflict the potential is there and the appearance of justice is as important and effective as the real thing.” ¹ Clark had served on the Court eighteen years, and he began his retirement with a three‐month, state‐sponsored goodwill trip around the world, which was cut short when he contracted hepatitis in Thailand.     

Alice Munro,Charles McGrath,and the Shaping of “The Turkey Season”

Using archival evidence of the editorial process behind the publication of the story “The Turkey Season,” this article explores the collaborative literary relationship between Alice Munro and one of her long-time editors at The New Yorker magazine, Charles McGrath. It reveals McGrath’s exceptional contribution to the story—restructuring it by combining the two versions Munro submitted into a composite—and theorizes the composite version’s effects on the epistemological grounding of the story and the narrator’s certainty about her own memory of the events she recounts, both of which are features that are often considered characteristic of Munro’s style in her mature writing.     

Proceedings Of The Fourth Annual Meeting Of The European Association For The History Of Psychiatry (Eahp), The European Club For The History Of Neurology (Echn), And The International Society For The History Of The History Of The Neurosciences (Ishn)

Abstract

Osphresiology, though beginning with Aristotle, and the title of a classical monograph from 1819 by Cloquet, has, like the human sense of smell itself, played a relatively modest role, compared to other sensory functions. The anatomical and physiological connections of the nose to the brain proved to be more complex than those of sight, hearing and even touch, and were therefore poorly understood before the second half of the 19th century. Moreover, the close association between smell and taste gave rise to much controversy regarding the respective roles of the first and the fifth cranial nerves. Next, came the unfolding of the evolutionary influence of cerebral structure and function ‐ viz Broca's “limbic”; concept, and the “olfactory desert”; in the brains of “anosmatic”; animals. Jackson's “uncinate”; seizures featuring olfactory hallucinations brought the hippocampal formation into focus. Finally, there were the clinical manifestations of hyposmia and hyperosmia, from “coryza”;, the common cold, to injury or neoplasms causing hyposmia, as well as some endocrine alterations causing hyperosmia. (And let us not forget Charles Huysman's “Against the Grain”; and Marcel Proust's evocative fragrant madeleine.)     

Measuring ethnic belonging from within: The case of the Vuotso Saami

Finland anchors its legal definition of Saaminess in the bedrock of language ability either of oneself or of at least one of one's parents or grandparents. The Saami Nordic Council's Tromsø definition (1980) reech?s the official Finnish Statement (1973). Back in the villages, however, the grass‐roots Saami use other criteria when determining who is Saami, “blood”. This paper discusses the discrepancies between official government as well as ethnic political wing statements as to the components of Saami identity and those of foot‐soldier Saami in villages such as Vuotso, Finnish Lapland.     

The Earliest cAlid Genealogy for the Safavids: New Evidence for the Pre-dynastic Claim to Sayyid Status

Studies on the pre-dynastic claim of the Safavids to sayyid status suffer from a dearth of primary source materials. Scholars have advanced various conjectures, but it is not yet clear when the Safavids began to promote this claim or indeed when the so-called “official” Musavid genealogy was developed. This study presents a genealogical chart drawn in the third quarter of the fifteenth century (most probably in the 1460s) in Iraq (most likely in Najaf), which records the “official” genealogy in an unequivocal manner. This chart is a valuable document in that it testifies to the circulation of the “official” genealogy some three to four decades before the establishment of the Safavid dynasty. A survey of the studies to date on the question of the pre-dynastic claim is also offered in order to clarify the significance of the chart.     

HISTORY AND KAIRÓS

The recent wave of interest in the “theological‐political” has focused scholarly attention on the constellation of ideas associated with “messianic time.” The term kairós belongs to this constellation, and Giacomo Marramao's brief but ambitious text of the same name both proposes and performs a “kairological” reconfiguration of the close relationship between philosophy and time. Marramao's argument for the productive potential of “cosmic disorientation” and contingency will merit the attention of historians interested in Benjamin's blend of messianism and historical materialism, and of anyone who is intrigued by the prospect of a messianism without apocalypticism.