Wives,Children … Husbands: Supporting Roles

In 1965, Hugo L. Black asked his wife, Elizabeth, to host a dinner party. The purpose: to help him persuade Carolyn Agger, wife of Washington attorney Abe Fortas, to allow her husband to accept President Lyndon B. Johnson's offer of a seat on the Supreme Court. A tax lawyer at the same firm as Fortas, Agger was displeased that the move would mean a big cut in his salary; she thought he should spend a few more years in his lucrative private practice before becoming a judge. After all, he was only fifty‐five. Elizabeth Black described the tense occasion in a diary entry:     

The Judicial Bookshelf

Millions were reminded on January 20, 2009, that the inauguration of an American President is as remarkable as it is routine. In this distinctly republican rite, the chief executive publicly subordinates himself to the fundamental law of the land. As the Constitution dictates, “[b]efore he enters on the Execution of his Office, he shall take the following Oath or Affirmation: ‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.’” ¹ This display of constitutional fealty was remarkable because the variety of political systems, experiences, and cultures across today's globe graphically illustrates that the seamless and peaceful transfer of authority from one political party or individual to another, as was witnessed at President Barack Obama's inauguration and at President George W. Bush's inauguration in 2001, is not always a foregone occurrence everywhere. January's event was routine in that, from the outset of government under the Constitution and with the notable and tragic exception of 1860, the defeated party or individual has accepted, if not welcomed, the verdict rendered by the electoral process. That was the outcome even in 1800, when the notion of a violence‐free shift of control in a country founded on the principle of government by the “consent of the governed” ² was first put to the test at the presidential level. The assumption of authority by Thomas Jefferson and the Democratic‐Republicans from John Adams and the Federalists marked the world's first peaceful transfer of power from the vanquished to the victors as the result of an election. ³ Given the stark national partisan differences that had crystallized in the short time since ratification of the Constitution and the fact that finalization of the election required extraordinary intervention by the House of Representatives to break an Electoral College tie, this outcome was a greater achievement than is sometimes acknowledged. “Partisanship prevailed to the bitter end and showed no signs of abating,” according to one historian who has recently revisited this critical and precedent‐setting election. “Over the campaign's course, George Washington's vision of elite consensus leadership had died, and a popular two‐party republic … was born.” ⁴     

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     

Swift and Erie: The Trials of an Ephemeral Landmark Case

Like jazz improvisation, the meaning of Swift v. Tyson was elusive. ¹ Justice Joseph Story's 1842 opinion concerning an important commercial‐law issue arose from a jury trial. ² When the creditor plaintiff appealed, counsel for the winning debtor raised as a defense Section 34 of the 1789 Judiciary Act. The federal circuit court disagreed about the standing of commercial law under Section 34. Although profound conflicts otherwise divided nationalist and states'‐rights proponents, the Supreme Court endorsed Story's commercial‐law opinion unanimously. ³ New members of the Court and the increasing number of federal lower‐court judges steadily transformed the Swift doctrine; after the Civil War it agitated the federal judiciary, elite lawyers, and Congress. ⁴ Asserting contrary tenets of American constitutionalism, the Supreme Court overturned the ninety‐six‐year‐old precedent in Erie Railroad v. Tompkins (1938). ⁵ The Swift doctrine's resonance with changing times was forgotten. The Court and the legal profession established, transformed, and abandoned the doctrine though an adversarial process and judicial instrumentalism. Although the policy of each decision reflected its time, Story's opinion was more consistent with the federalism of the early Constitution than was Erie. ⁶     

Eine Frage der Politik: Wissenschaft und Ideologie im 21. Jahrhundert

A Political Matter: Science and Ideology in the 21^st Century . In the last two decades, history of science and science studies have been quite reluctant to adopt the notion of ideology when analyzing the dynamics of science. This may be an effect of the decreasing popularity of neo‐marxist approaches within this disciplinary field; but it is also due to the fact that alternative approaches have been developed, for example Michel Foucault's notion of problematization, Roland Barthes' semiotic mythology, Bruno Latour's re‐interpretation of the ontological difference between fact and fetish in science, or Donna Haraway's semi‐fictional re‐narrations of the techno‐scientific world. This contribution undertakes to sketch the impact of two strands of 19^th century immanentism on the authors named above, and on their use of concepts related to the notion of ideology, namely fetish, fetishism, myth and mythology respectively. It is argued that in some respect, Marx' concept of commodity fetishism is worth being re‐examined, since it articulates a dialectical relation of ‘reality’ and ‘seeming’, and its impact on Barthes' mythology is deeper than it might appear at first glance.     

A Survey of Soil Erosion in Australia using Caesium‐137

A survey of soil erosion was conducted in Australia using the fallout radioisotope caesium‐137 as an indicator of topsoil redistribution. Two hundred and six sites were sampled, 100 within rotational cropping and horticultural use, 52 within uncultivated permanent pasture and forest, and 54 in rangelands. Average net soil losses were approximately equal for cultivated cropping lands and rangelands (ca. 5.5 t ha^?1 yr^?1), and just over 1 t ha^?1 yr^?1 for pasture and forest. The Mann Whitney U Test revealed that losses under cropping and rangeland conditions were significantly higher (p < 0.05) than under uncultivated pasture and forest. Soil loss was negatively correlated with mean annual rainfall and slope gradient, and positively correlated with slope length (Spearman's rank correlation). There was no correlation between rates of soil loss and a rainfall erosi‐vity index. An assessment of erosional events was provided by landholders for 104 sites, with their ranking being weakly but significantly correlated with soil loss estimates (r =+0.35). Sixty percent of sites had net soil losses greater than 1 t ha^?1 yr^?1, and 74% of sites had losses of more than 0.5 t ha^?1 yr^?1. This latter rate may be regarded as a limit for a tolerable level of soil loss. These high rates of soil loss have occurred since the mid‐1950s despite there being significant landholder awareness of the soil erosion hazard.     

Cooper v. Aaron (1958): A Hidden Story of Unanimity and Division

Contemporary and later commentators emphasized the Supreme Court's forceful affirmation of its own authority in Cooper v. Aaron (1958). The case was the Court's first significant test of states' rights opposition denying that Brown v. Board of Education (1954) (Brown I) and the Brown II (1955) decree permitting gradual implementation were legitimate constitutional law. Indeed, following the Court's announcement of Cooper v. Aaron in September 1958, Arkansas Governor Orval Faubus and his followers closed the very same Little Rock schools the Supreme Court had ordered desegregated. Black students' rights did not prevail until summer 1959. In Arkansas and elsewhere, defiance initially triumphed over the Supreme Court's self‐assertive power. ¹     

Justice Jackson and the Second Flag‐Salute Case: Reason and Passion in Opinion‐Writing

In 1943, the Supreme Court handed down West Virginia State Board of Education v. Barnette. ¹ With Justice Robert H. Jackson writing for the six‐Justice majority, the Court upheld the First Amendment right of Jehovah's Witnesses schoolchildren to refuse to salute the flag or recite the Pledge of Allegiance, state‐imposed obligations that the children and their parents contended were acts of idolatry that violated biblical commands. Judge Richard A. Posner has said that Justice Jackson's effort “may be the most eloquent majority opinion in the history of the Supreme Court.” ²     

The problem of “technological unemployment” in the industrial research of the 1930's in the United States∗

The article surveys the findings and debates about “technological unemployment” carried out in the 1920's and 1930's in the United States. The huge productivity increases of the 1920's had sizable labour‐displacing effects, which were not matched by the job‐creating trends of prosperity. Unemployment was therefore a sizable and observable phenomenon as early as the late 1920's, while manufacturing employment shrank. After 1929, it was found that the Depression had hit production and investment hard, but productivity per man‐hour continued to increase. This meant that, because of the increases in population of working age and because of technological progress, in the late 1930's it would have been necessary to outgrow the levels of investment and production of 1929 in order to bring unemployment down to the 1929 rate. Even the recovery of 1937 remained much below those levels: the cause was seen in the behavior of large, concentrated industrial firms that administered prices and only applied technological advances in order to reduce costs. Their limited spending did not foster enough demand to move the economy out of the slump. The recovery was eventually brought about not by spontaneous, market‐driven economic behaviour, but by the deus‐ex‐machina of war‐induced Government spending.

A separate study of the theories of technological progress out‐distancing the job‐creating trends of prosperity is in preparation.     

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.     

The Life and Career of Justice Robert H. Jackson

Robert H. Jackson was one of the most influential Justices of the Supreme Court in the twentieth century. His tenure on the Court ran from 1941 to his death in 1954, and during that time he participated in landmark cases involving the programs implemented by Roosevelt's New Deal to rescue the country from Depression, having previously served the administration in other roles. He authored a memorable dissent in United States v. Korematsu, the notorious Japanese internment case. ¹ He is also remembered for the role he served as the chief American prosecutor before the International Military Tribunal that tried Nazi leaders after World War II. In some ways, Jackson's fierce independence and the lessons he learned growing up in a small town were the ideal training for the demands and competitiveness of the nation's highest Court. That Jackson's words and beliefs still have relevance in the twenty‐first century is evidenced by the fact that both recent Supreme Court appointees quoted him during the confirmation hearings. ² In this essay, I will examine how Jackson's life experiences influenced his legal career and informed his jurisprudence, and to what extent Jackson lived up to his own vision of the role of a Supreme Court Justice.     

BUILDING AN IDENTITY: ARISTOCRATIC LANDSCAPE AND CONSPICUOUS CONSUMPTION AT THE 16TH‐CENTURY BISHOP'S PALACE IN ODENSE

In the 16^th century, establishing and maintaining one's status and position in society was an important social factor and motivator. This article examines to what extent such efforts can be deduced from archaeological material. The subject is the 16^th‐century bishop's palace in Odense, Denmark. This case study has been encouraged by the unprecedented large‐scale archaeological excavations that have taken place in the Odense city centre in recent years. The new archaeological data allows for a contextual analysis in which the finds and structures are considered as evidence for negotiated identity expressed through materiality. The main conclusion is that a unique socioeconomic identity is expressed in the building structure, while evidence from the portable objects is more ambiguous.     

On Becoming Pope in Late Antiquity

To an extent unusual among holders of papal office in late antiquity, we know something of the family of Gregory the Great (590–604). His father, Gordianus, was a wealthy Roman who had married a lady named Silvia, who herself had a sister named Pateria, while he had another three aunts, Aemiliana, Gordiana, and Tarsilla, the sisters of his father.¹ He also seems to have had one, and possibly a second brother.² We know from his writings that his three aunts on his father's side adopted a religious life in common, but they attained very different levels, for Gregory reports that, whereas Gordiana disgraced herself by marrying a farmer on her estates, Tarsilla reached the highest level of holiness. He describes his great‐great‐grandfather Felix, a bishop of the Roman church, appearing to her in a vision in which he showed her a mansion of great brightness and told her to come, for he would receive her there; soon afterwards, she died of fever.³ While such details may appear sparse, they provide a basis on which we can make some general statements on the kinds of people who became pope in the period from the late fifth to the early seventh centuries; a table of these popes is appended to this paper. We shall suggest that there was a set of criteria which were met by new popes time and time again, and that these remained surprisingly constant across the period.     

KLAVS RANDSBORG AND THE NINTH CENTURY AD

Archaeology over the past fifty years has shown that in the early 9^th century Western Europe experimented with a coalescing of states affirmed by a common reform ideology and with it increased communication to regions beyond. At different speeds, regions of Western Europe adopted this new strategy known as the correctio. Within a generation, the correctio gave rise to a new ‘feudal’ economy and significantly a new regionalism. The archaeology of Europe shows that there were winners and losers in these fast‐changing regions. The losers, in many cases, controlled the written narratives and ascribed their altered socio‐economic condition to the Others of the time, not least because the Others were leading exponents of the post‐correctio economic agenda. This paper revisits Klavs Randsborg's groundbreaking book, The Viking Age of Denmark, in the context of post‐war approaches to Europe's post‐classical narrative.     

Liberation and literature: Naples 1944

The arrival of Anglo‐American forces in Naples on 1 October 1943 precipitated the structural crisis which had beset the capital of the south since its integration into the Italian nation‐state in 1860. This crisis had been masked by the reassuringly engaging ethos of napoletanità, encoded in the urban dialect and crystallized in its literary culture from Matilde Serao and Salvatore Di Giacomo onwards. The myth of napoletanità had been frozen under Fascism, but was shattered by the experience of the war years and after, and only factitiously restored under the political hegemony of the monarchist ship owner Achille Lauro during the 1950s. Young literary Americans such as John Home Burns and William Weaver, who found themselves in Naples with the occupying Allied forces, fell under its spell, while the equally young British military intelligence officer Norman Lewis maintained a detached, but sympathetic, objectivity. The older Tuscan writer, Curzio Malaparte, so provocatively transformed the image of Naples as to earn furious rejection by the city's dominant postwar political circles and by Italy's literary circles. Yet, despite brilliant attempts at restoration by the departed Neapolitan, Giuseppe Marotta, and the much‐loved actor‐playwright Eduardo De Filippo, napoletanità was systematically undermined and demolished by younger Neapolitan writers from Domenico Rea and Anna Maria Ortese to Raffaele La Capria as the city's urban fabric was transformed by appallingly irresponsible property speculators. This article focuses on the literary anthropology of Naples in the 1940s. It explores literary texts and contexts, and the way they problematize Naples as a unified subject or object. It addresses the paradoxical issue of the city's need for liberation from itself, and the time scale of a liberation that perhaps has always been and always will be in fieri.     

Inevitability,masculinity, and the American military tradition: the committee on the conduct of the war investigates the American Civil War

This essay examines the work of the Joint Committee on the Conduct of the War, a joint select committee of investigation formed by Congress during the American Civil War. During its tenure in the 37^th and 38^th sessions of Congress, the Committee investigated almost every aspect of Union military operations; however, its principal concern was the examination of Union military defeats. Members of the Committee on the Conduct of the War were influenced by the notion of inevitable Union victory. As self‐made men who had achieved a degree of success in the emerging market economy of nineteenth‐century America, Committee members exemplified the period's predominate concept of masculinity. Also skeptical of military science and distrustful of the United States military academy at West Point, the Committee showed a marked preference for volunteer soldiers and officers throughout the war. Believing that West Point generals who endorsed strategic maneuver were cowardly and disloyal, Committee members were frequently critical of regular army officers in their investigations. Confusing the rhetoric of ‘hard war’ with military competence, the Committee's disdain for military education caused it to endorse incompetent military leadership and advocate mediocre generals for high command.     

THE LETTER KILLS: ON SOME IMPLICATIONS OF 2 CORINTHIANS 3:62

The paper focuses on an argument put forward by Augustine in his De doctrina Christiana: there are passages in the Bible that need to be read in a literal, contextual, and ultimately rhetorical perspective. This approach to the Bible (usually overshadowed by Augustine's own parallel emphasis on the importance of allegory) was needed to deal with customs—for instance the patriarchs' polygamy—that had to be evaluated, Augustine argued, according to standards different from those prevailing in the present day. This need inspired Augustine to utter some sharp remarks on the need to avoid (as we would say today) ethnocentric, anachronistic projections into the Biblical text. The long‐term impact of Augustine's argument was profound. The emphasis on the letter played a significant role in the exchanges between Christian and Jewish medieval readings of the Bible, which affected Nicholas of Lyra's influential commentary (Postilla). The same tradition may have contributed to Valla's and Karlstadt's audacious hermeneutic remarks on the Biblical canon, which covertly or openly focused on contradictions in the Biblical text, questioning the role of Moses as author of Deuteronomy. Traces of those discussions can be detected in Spinoza's Tractatus theologico‐politicus. The paper suggests that the emphasis on a literal, contextual reading of the Bible provided a model for secular reading in general. The possible role of this model in the aggressive encounter between Europe and alien cultures is a matter of speculation.     

The communist party of Australia and the eighty‐one parties conference

In November 1960 a conference of eighty‐one communist parties convened in Moscow to try to resolve serious differences which had arisen between the Communist Party of the Soviet Union (CPSU) and the Communist Party of China (CPC or CCP). It was ‘probably the most important gathering of its kind in the entire history of Communism’ (Zagoria 1962:343).

Several years later the position adopted at that conference by the Communist Party of Australia (CPA) became the subject of an acrimonious and inconclusive controversy between pro‐Soviet and pro‐Chinese elements in the Australian party.

Of various scholars who commented on the CPA's stance, almost all ([Rigby] 1964:37; Mayo‐Wren 1981:87; Turner 1961:7; Turner 1965:154) claimed categorically that the CPA's delegates, Sharkey and Dixon, backed China. However in one exhaustive account of the conference (Griffith 1962) the CPA did not appear among the CPC's partisans. Most observers outside Australia relied heavily on Kremlinologist Edward Crankshaw. Crankshaw originally omitted the CPA from his list of pro‐Chinese parties (1962:10) but later revised his account (1963:61; 1965:120, 134).¹

In the standard historical work on the CPA Davidson (1969:160,152) qualified the notion that the CPA had supported China. ‘After a careful study of various views’ he concluded:

At the conference of eighty‐one communist parties in Moscow in 1960 the Communist Party of Australia (CPA) supported the Chinese interpretation of Marxist‐Leninist doctrine in preference to that of the Soviet party. Previous emphasis on the CPA's commitment to international communist unity has tended to obscure and even deny this.