James L. Marsh

On May 17, 1968, at the height of the Vietnam War, nine men and women entered a Selective Service office outside Baltimore. They removed military draft records, took them outside, and set them afire with napalm. The Catholic activists involved in this protest against the war included Daniel and Philip Berrigan; all were found guilty of destroying government property and sentenced to three years in jail. Dan Berrigan fled but later turned himself in. The Trial of the Catonsville Nine became a powerful expression of the conflicts between conscience and conduct, power and justice, law and morality. Drawing on court transcripts, Berrigan wrote a dramatic account of the trial and the issues it so vividly embodied. The result is a landmark work of art that has been performed frequently over the past thirty-five years, both as a piece of theater and a motion picture.

This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: that between the notion of a democracy ruled by law and capitalism. Because capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society, the legislature, judiciary, state administration, and public sphere. As a result, instead of a nation effectively 'of, by, and for the people,' there exists one that is essentially 'of, by, and for capital.'

The introduction by Merold Westphal sets the scene: "Two books, two visions of philosophy, two friends and sometimes colleagues...". Modernity and Its Discontents is a debate between Caputo and Marsh in which each upheld their opposing philosphical positions by critical modernism and post-modernism. The book opens with a critique of each debater of the other's previous work. With its passionate point-counterpoint form, the book recalls the philosphical dialogues of classical times, but the writing style remains lucid and uncluttered. Taking the failure of Englightenment ideals as their common ground, the debaters challenge each other's ideas on the nature of post-foundationalist critique. At the core of the argument lies the timely question of the role that each person can play in creating a truly humane society.

The introduction by Merold Westphal sets the scene: "Two books, two visions of philosophy, two friends and sometimes colleagues...". Modernity and Its Discontents is a debate between Caputo and Marsh in which each upheld their opposing philosphical positions by critical modernism and post-modernism. The book opens with a critique of each debater of the other's previous work. With its passionate point-counterpoint form, the book recalls the philosphical dialogues of classical times, but the writing style remains lucid and uncluttered. Taking the failure of Englightenment ideals as their common ground, the debaters challenge each other's ideas on the nature of post-foundationalist critique. At the core of the argument lies the timely question of the role that each person can play in creating a truly humane society.