On July 14th, 1790, a key figure in the French Revolution honoured Milton as a founding father of the French republic. In the light of this connection, it was appropriate that the 8th International Milton Symposium (7-11 June 2005) was held in Grenoble, cradle of the French Revolution. But the connection of Milton and Rights takes us well beyond the specific link with France, and the fascinating selection of essays assembled in this volume, many by leading Milton scholars, addresses the question in the poetry as well as the prose. Milton's fervent but changing attitude to liberties is debated from various points of view, so that the volume contains essays on topics ranging from the musical adaptations of Samson Agonistes to its angrily argued parallel with contemporary terrorism, from air pollution in Paradise Lost to Milton's supposed Puritanism and putative parallels with a French pornographer.
Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution. Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.
One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. Â In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
John Milton was not only the greatest English Renaissance poet but also devoted twenty years to prose writing in the advancement of religious, civil and political liberties. The height of his public career was as chief propagandist to the Commonwealth regime which came into being following the execution of King Charles I in 1649. The first of the two complete texts in this volume, The Tenure of Kings and Magistrates, was easily the most radical justification of the regicide at the time. In the second, A Defence of the People of England, Milton undertook to vindicate the Commonwealth's cause to Europe as a whole.This book, first published in 1991, was the first time that fully annotated versions were published together in one volume, and incorporated a new translation of the Defence. The introduction outlines the complexity of the ideological landscape which Milton had to negotiate, and in particular the points at which he departed radically from his sixteenth-century predecessors.
John Milton is, next to William Shakespeare, the most influential English poet, a writer whose work spans an incredible breadth of forms and subject matter. The Complete Poetry and Essential Prose of John Milton celebrates this author’s genius in a thoughtfully assembled book that provides new modern-spelling versions of Milton’s texts, expert commentary, and a wealth of other features that will please even the most dedicated students of Milton’s canon. Edited by a trio of esteemed scholars, this volume is the definitive Milton for our time. In these pages you will find all of Milton’s verse, from masterpieces such as Paradise Lost–widely viewed as the finest epic poem in the English language–to shorter works such as the Nativity Ode, Lycidas,, A Masque and Samson Agonistes. Milton’s non-English language sonnets, verses, and elegies are accompanied by fresh translations by Gordon Braden. Among the newly edited and authoritatively annotated prose selections are letters, pamphlets, political tracts, essays such as Of Education and Areopagitica, and a generous portion of his heretical Christian Doctrine. These works reveal Milton’s passionate advocacy of controversial positions during the English Civil War and the Commonwealth and Restoration periods. With his deep learning and the sensual immediacy of his language, Milton creates for us a unique bridge to the cultures of classical antiquity and medieval and Renaissance Christianity. With this in mind, the editors give careful attention to preserving the vibrant energy of Milton’s verse and prose, while making the relatively unfamiliar aspects of his writing accessible to modern readers. Notes identify the old meanings and roots of English words, illuminate historical contexts–including classical and biblical allusions–and offer concise accounts of the author’s philosophical and political assumptions. This edition is a consummate work of modern literary scholarship.
