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"David A.J. Richards offers an investigative comparison of two central figures in late 18th century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play, the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke's importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke's own long-term loving relationship to another man; and third, it shows how Burke's understanding of the political psychology of the violence of 'political religions' is an enduring contribution to understanding fascist threats to political liberalism from the 18th century onwards, including the contemporary constitutional crises in the U.S. and UK. deriving from populist movements"--

Burke's Liberal Constitutionalism -- The Liberal Constitutionalism of James Madison -- Burke on Violent Revolution and Its Legacy for Madisonian Constitutionalism -- Burke on the Political Psychology of Violence in the British Empire: Ireland and India -- A Constitution for the Ages in the United States and Britain -- The Common Challenge to the Political Liberalism of British and American Constitutionalism in World War II: Institutional Change and New Challenges, Domestic and International -- Patriarchal Religion in U.S. and U.K. Constitutional Law: Originalism as "Political Religion" (Burke) Unmasked -- Concluding Reflections on Burke on Liberalism and the Political Psychology of Anti-Liberal Violence.

This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links

1. An ethics of care -- 2. Resistance in the 1960s and later -- 3. The reactionary politics of patriarchy under threat : patriarchy hiding in democracy -- 4. Obama's resistance to patriarchy -- 5. The ethics of care : reclaiming feminism for democracy.

Acknowledgements -- Introduction -- Patriarchy and democracy -- Imperialism and patriarchy -- The rise of gay rights -- The fall of empire -- The fall of empire from the rise of gay rights to the 1967 decriminalization -- The fall of empire in the era of gay rights in the United States and Britain -- A. American resistance movements -- B. Impact on Britain and elsewhere -- Conservative reaction in the United States -- Limited impact on Britain and elsewhere -- Gay rights in former British colonies : legacy of empire? -- Canada -- South Africa -- India -- Gay rights as universal human rights -- Bibliography.

"David A.J. Richards's Resisting Injustice and The Feminist Ethics of Care in The Age of Obama: "Suddenly ... All The Truth Was Coming Out" builds on his and Carol Gilligan's The Deepening Darkness to examine the roots of the resistance movements of the 1960s, the political psychology behind contemporary conservatism, and President Obama's present-day appeal as well as the reasons for the reactionary politics against him. Richards begins by laying out the basics of the ethics of care and proposing an alternative basis for ethics: relationality, which is based in convergent findings in infant research, neuroscience, and evolutionary psychology. He critically analyzes patriarchal politics and states that they are rooted in a reactionary psychology that attacks human relationality and ethics. From there, the book examines the 1960s resistance movements and argues that they were fundamentally oriented around challenging patriarchy. Richards asserts that the reactionary politics in America from the 1960s to the present are in service of an American patriarchy threatened by the resistance movements ranging from the 1960s civil rights movements to the present gay rights movement. Reactionary politics intend to marginalize and even reverse the ethical achievements accomplished by resistance movements--creating, in effect, a system of patriarchy hiding in democracy. Richards consequently argues that Obama's appeal is connected to his challenge to this system of patriarchy and will examine both Obama's appeal and the reactions against him in light of the 2012 presidential election. This book positions recent American political development in a broad analysis of the role of patriarchy in human oppression throughout history, and argues that a feminist-based ethics of care is necessary to form a more humane and inclusive democratic politics."--Publisher's website

Breaking the silence -- The constitutional right to privacy : contraception -- The constitutional right to privacy : abortion -- Bowers v. Hardwick : background, briefs, and oral arguments -- Bowers v. Hardwick : the debate among the justices, Justice Powell's shift, and the opinions of the court -- Between Bowers and Lawrence -- Lawrence v. Texas : background, briefs, and oral arguments -- Lawrence v. Texas : opinions of the court -- After Lawrence : decriminalization of other sexual offenses and the case for same-sex marriage -- A concluding perspective on landmark cases in American constitutional law

Richards walks through his own personal, intellectual, and professional journey across a period that parallels the most important years in the struggle for expansion of gay rights. Just as sexual minorities have gained their legal voice over the past two generations, Richards here maps his own 'struggle for voice, as a gay man' during that period. . . . The book soars in the initial and concluding chapters when the writing is most personal without being overly exhibitionistic."-Choice.

Introduction : Ethical voice and resistance -- Garrison and antebellum radical abolitionism -- Tolstoy on nonviolence -- Gandhi on nonviolence -- King on nonviolence -- Churchill's resisting voice -- Disarming manhood

When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the ""new immigration"" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms ""nonvisibly"" black. The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards

Current changes in the structure of the Supreme Court, as well as recent Supreme Court decisions affecting individual rights, have today brought constitutional issues to the forefront of American thought. This study, based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture, develops a general theory of constitutional interpretation, touching on a myriad of current topics of constitutional controversy, including church-state relations, the scope of free speech, and the application of the constitutional right to privacy, abortion, and consensual adult sexual relations.

In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumption, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.