Stanley Fish On Philosophy Politics And Law

This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.

This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.

This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.

Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike. In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

From one of America's most important cultural critics comes this collection of the best of his provocative New York Times essays, pieces that have generated passionate discussion and debate.

"Save the World on Your Own Time is invariably smart, stimulating, and provocative. It is filled with insights and crackles with verve. It is a joy to take in." - Texas Law Review

"In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through."--Publisher description.

Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the It s Just a Job school: while academics need the latitude call it freedom if you like necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university in all its glorious narrowness as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy."

Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.