Carol Gilligan

David A. J. Richards

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. The book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil's Aeneid, Apuleius's The Golden Ass, and Augustine's Confessions. Democratic resistance in religion, psychology, the arts, and politics rests on free voices challenging patriarchal restrictions on the love of equals. In addition to examining why we are at war, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad.

Patriarchy, Resistance, and Democracy's Future

The Deepening Darkness

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

The Grounds for Feminism and Gay Rights in Culture and Law

Women, Gays, and the Constitution

This book tells the stories of notable historical figures whose resistance of patriarchal laws transformed ethical, political, and legal standards.

Love across the Boundaries

Why Love Leads to Justice

Among the most commonly argued legal questions are those involving 'victimless' crimes consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.

An Essay on Human Rights and Overcriminalization

Sex, Drugs, Death and the Law

Darkness Now Visible addresses readers who are concerned about the future of democracy in the US and elsewhere. This book offers a bold and original thesis and explains why feminism, joining men and women, is the key to resistance.

Patriarchy's Resurgence and Feminist Resistance

Darkness Now Visible

Edwin D Webb Professor of Law David A J Richards

Provides detailed observations and reflections on the constitutional and democratic principles that underpin the debates over traditional values, defense of marriage, and gay rights in this distillation of the author's thirty-year advocacy for the rights of gays and lesbians.

From Bowers to Lawrence and Beyond

The Case for Gay Rights

This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. It examines the roots of liberal resistance in Britain and resistance to patriarchy in the USA, showing the importance of fighting the demands of patriarchal manhood and womanhood to countering imperialism. Advocates of feminism and gay rights are key because they resist the gender binary's role in rationalizing sexism and homophobia. The connection between the rise of gay rights and the fall of empire illuminates questions of the meaning of democracy and universal human rights as shared human values that have appeared since World War II. The book casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy and reflect Western values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy.

Liberal Resistance and the Bloomsbury Group

The Rise of Gay Rights and the Fall of the British Empire

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

David A. J. Richards

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