Richard Butterwick
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199250332
- eISBN:
- 9780191730986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199250332.003.0012
- Subject:
- History, European Modern History
The first part of this chapter analyses the Providential rhetoric and civic and religious rituals (including oaths) by which the Constitution of 3 May 1791 was propagated and celebrated in the ...
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The first part of this chapter analyses the Providential rhetoric and civic and religious rituals (including oaths) by which the Constitution of 3 May 1791 was propagated and celebrated in the following months. The second section focuses on the sejmiks of February 1792, which, especially in the Grand Duchy of Lithuania, delivered a clear endorsement of the Constitution in what was effectively a referendum. Particular attention is paid to the role of clergymen in cheerleading for the Polish Revolution, and in promoting the new discursive paradigm of ‘ordered liberty’, as well as to the controversial question of ecclesiastical censorship and evidence of continuing tensions between clergy and laity. Finally, the celebrations of the first anniversary of the Constitution are examined via the messages conveyed by ceremonies, speeches, hymns, and sacral architecture. Again, the Providential theme is omnipresent in what became an apotheosis of the king.Less
The first part of this chapter analyses the Providential rhetoric and civic and religious rituals (including oaths) by which the Constitution of 3 May 1791 was propagated and celebrated in the following months. The second section focuses on the sejmiks of February 1792, which, especially in the Grand Duchy of Lithuania, delivered a clear endorsement of the Constitution in what was effectively a referendum. Particular attention is paid to the role of clergymen in cheerleading for the Polish Revolution, and in promoting the new discursive paradigm of ‘ordered liberty’, as well as to the controversial question of ecclesiastical censorship and evidence of continuing tensions between clergy and laity. Finally, the celebrations of the first anniversary of the Constitution are examined via the messages conveyed by ceremonies, speeches, hymns, and sacral architecture. Again, the Providential theme is omnipresent in what became an apotheosis of the king.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates ...
More
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.Less
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates ...
More
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.
Less
This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.001.0001
- Subject:
- Law, Constitutional and Administrative Law
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has ...
More
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on U.S. campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values. This book uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, it demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life. The book demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.Less
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on U.S. campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values. This book uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, it demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life. The book demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. ...
More
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. As an introduction, this chapter considers the influence of the European university on the modern American university, with particular emphasis on the ideas of Albert Einstein. It then discusses five fundamental tensions within American constitutional law that have exerted a profound impact on the shape and definition of American universities: the debate over whether we have a “living Constitution”; the division between the public and private sphere; the distinction between “rights” and “privileges”; the notion of “ordered liberty”; and competing conceptions of equality.Less
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. As an introduction, this chapter considers the influence of the European university on the modern American university, with particular emphasis on the ideas of Albert Einstein. It then discusses five fundamental tensions within American constitutional law that have exerted a profound impact on the shape and definition of American universities: the debate over whether we have a “living Constitution”; the division between the public and private sphere; the distinction between “rights” and “privileges”; the notion of “ordered liberty”; and competing conceptions of equality.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. ...
More
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. As an introduction, this chapter considers the influence of the European university on the modern American university, with particular emphasis on the ideas of Albert Einstein. It then discusses five fundamental tensions within American constitutional law that have exerted a profound impact on the shape and definition of American universities: the debate over whether we have a “living Constitution”; the division between the public and private sphere; the distinction between “rights” and “privileges”; the notion of “ordered liberty”; and competing conceptions of equality.
Less
This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. As an introduction, this chapter considers the influence of the European university on the modern American university, with particular emphasis on the ideas of Albert Einstein. It then discusses five fundamental tensions within American constitutional law that have exerted a profound impact on the shape and definition of American universities: the debate over whether we have a “living Constitution”; the division between the public and private sphere; the distinction between “rights” and “privileges”; the notion of “ordered liberty”; and competing conceptions of equality.
