Francis FitzGerald’s Fire in the Lake, state legitimacy and anthropological insights on a revolutionary war

Author(s):  
Paul B. Rich
2019 ◽  
Vol 41 (4) ◽  
pp. 7-35
Author(s):  
Andrea Lynn Smith

The centerpiece of New York State’s 150th anniversary of the Sullivan Expedition of 1779 was a pageant, the “Pageant of Decision.” Major General John Sullivan’s Revolutionary War expedition was designed to eliminate the threat posed by Iroquois allied with the British. It was a genocidal operation that involved the destruction of over forty Indian villages. This article explores the motivations and tactics of state officials as they endeavored to engage the public in this past in pageant form. The pageant was widely popular, and served the state in fixing the expedition as the end point in settler-Indian relations in New York, removing from view decades of expropriations of Indian land that occurred well after Sullivan’s troops left.


Public Voices ◽  
2016 ◽  
Vol 11 (1) ◽  
pp. 89
Author(s):  
Amy Probsdorfer Kelley ◽  
John C. Morris

The process to win approval to build a national memorial on the National Mall inWashington, DC is both long and complex. Many memorials are proposed, but few are chosen to inhabit the increasingly scarce space available on the Mall. Through the use of network analysis we compare and contrast two memorial proposals, with an eye toward understanding why one proposal was successful while the other seems to have failed. We conclude that the success of a specific memorial has less to do with the perceived popularity of the person or event to be memorialized, and more to do with how the sponsors use the network of people and resources available to advocate for a given proposal.


This volume features ten papers in political philosophy, addressing a range of central topics and represent cutting-edge work in the field. Papers in the first part look at equality and justice: Keith Hyams examines the contribution of ex ante equality to ex post fairness; Elizabeth Anderson looks at equality from a political economy perspective; Serena Olsaretti’s paper studies liberal equality and the moral status of parent–child relationships; and George Sher investigates doing justice to desert. In the second part, papers address questions of state legitimacy: Ralf Bader explores counterfactual justifications of the state; David Enoch examines political philosophy and epistemology; and Seth Lazar and Laura Valentini look at proxy battles in just war theory. The final three papers cover social issues that are not easily understood in terms of personal morality, yet which need not centrally involve the state: the moral neglect of negligence (Seana Valentine Shiffrin), the case for collective pensions (Michael Otsuka); and authority and harm (Jonathan Parry).


This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.


Author(s):  
Amanda L. Tyler

During the Revolutionary War, the British were not the only side that had to work through difficult questions surrounding the legal status of prisoners. The American states faced the very same questions during the war when detaining British soldiers and the disaffected “Loyalists” among their ranks. In constructing new legal frameworks to govern these matters, the states drew heavily on the English model that had governed before the war and under which so many of their legal elite had trained. This chapter discusses the concept of allegiance, dividing those falling “within protection” and those outside of it, and how it played a crucial role in triggering the application of domestic law. This chapter also chronicles the story of the long-standing struggle of the states to claim the English Habeas Corpus Act’s protections for themselves, while highlighting the pervasive influence of the Act—including especially its seventh section—on early American habeas jurisprudence.


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