The Harvard Brief

In the United States, gun violence is in a state of national crisis, yet efforts to reform gun regulation face significant political and constitutional barriers. In this innovative book, Ian Ayres and Fredrick E. Vars put forward creative and practical solutions, proposing legislative reform which will reduce gun deaths.

Theirs is a libertarian 'bottom-up' approach which seeks to empower those most at risk by allowing individuals a choice to opt in to common-sense gun regulation for themselves. At the same time, the genius of Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press, 2020) is that the proposals do not infringe the individual freedoms of gun ownership protected by the second amendment.

Ayres and Vars put forward practical solutions which, where adopted, will cause an immediate reduction in lives lost as a result of gun violence. Their work is empirically grounded and provides a roadmap for legislators and policy makers who wish to keep people safe by reducing gun deaths.

Ian Ayres is the William K. Townsend Professor of Law and Professor of Management at Yale University. He is the author of many books, including the New York Times bestseller Super Crunchers. He is a contributor to Forbes, NPR's Marketplace, and the New York Times.

Fredrick E. Vars is the Ira Drayton Pruitt, Sr., Professor of Law at the University of Alabama, where he specializes in mental health law. He works with numerous suicide-prevention organizations and is a member of the American Bar Association Standing Committee on Gun Violence.

Jane Richards is in the final stages of completing her doctoral thesis on the application of the United Nations Convention on the Rights of Persons with Disabilities to the insanity defence and its disposition orders at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

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Our practices of holding people morally and legally responsible for what they do rests on causal relationships between our mental states and our actions – a desire for revenge or a fear for one’s safety may cause a violent act. In either case, John Campbell argues, there is a psychological causal process that leads from the motivating mental state to the action. In Causation in Psychology (Harvard University Press, 2020), Campbell – who is professor of philosophy at the University of California, Berkeley, claims that the existence of such singular causal relations and our knowledge of them do not depend on the existence of psychological generalizations under which they might be subsumed. Moreover, imaginative understanding or empathy enables us to trace these one-off, idiosyncratic causal sequences and thereby attain knowledge of these singular psychological causal relations. Campbell uses his analysis to distinguish human freedom of action at the level of causal process and to provide a new perspective on the traditional mind-body problem.

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At first glance, the term “expressive individualism” seems benign enough. After all, people throughout the Western world value their personal freedom and the liberty to make crucial life decisions such as whether to have children and how and when they wish to die. What could possibly be wrong with the idea that everyone should be in control of his or her own body and fate to the greatest extent possible and with the least intrusion by either the state or “outdated” social mores?

But there is a dark side to expressive individualism when one enters the realm of public bioethics. In his 2020 book What It Means to Be Human: The Case for the Body in Public Bioethics (Harvard University Press, 2020), O. Carter Snead defines for us what the term “public bioethics” encompasses and provides a much-needed genealogy of the field.

He profiles key players in many of the most momentous bioethics-related developments of the post-WWII era from physicians such as Henry Knowles Beecher to jurists like Harry Blackmun and influential scholars in fields such as philosophy and sociology like Alasdair MacIntyre, Charles Taylor and Robert Bellah.

Snead chronicles how the field of bioethics came to be shaped by shocking revelations of cases of inhumanity many of which are well-known (such as the infamous Tuskegee Syphilis Study) but many of which are rarely discussed such as medical experiments performed on near-term alive aborted babies. Such cases shocked the public and led to legislation creating commissions and other bodies designed to prevent such horrors.

But Snead argues that much of the action on the public policy front failed for multiple reasons and left vulnerable groups (e.g., the aged, the cognitively disabled, the unborn) outside a legal regime built upon the precepts of expressive individualism. And even those who were supposedly able to express their wishes were often harmed by the expressive individualism paradigm and its legal framework. Snead gives examples of the many actors in the area of assisted reproduction and assisted suicide whose rights can be trampled in the name of a notion of personal liberty that does not account for changes of mind. He also demonstrates that regulation and oversight was often, for all intents and purposes, absent in many cases.

Snead’s book is a clarion call for what he calls “remembering the body.” This is an important book for anyone who may at some point become ill or disabled or who will end up caring for someone who is. That is, it is a book for everyone. It is by a leading scholar, but its readership is anyone with a body and who loves other people—or at least has some control over them.

Give a listen.

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Although World War II had been largely remembered in the People’s Republic of China as an experience of victimization since its founding in 1949, that view has been changing since the Deng Xiaoping era in the 1980s. Rana Mitter’s newest book on modern China, China’s Good War: How World War II Is Shaping a New Nationalism (Harvard University Press 2020), traces this transformation in the Chinese interpretations of the war from one marked by humiliation to one that celebrates victory. This change in the discourses surrounding the war began with a changing historiography led by Chinese academia in the 1980s, when research on a variety of previously forbidden areas of historical study was encouraged. Then, through local and public attempts at reviving and celebrating war memories through museums, TV, film, and the online space, WWII has been increasingly narrated in these different arenas as China’s “good war.” What came out of these new narratives, Mitter points out, is an attempt to rehabilitate Chiang Kai-shek and the Nationalists war efforts, which allows the PRC “to re-create an identity it was forging in the 1930s and 1940s, as a rising power that took a cooperative and powerful role at a time of immense global crisis…” In doing so, Mitter argues that China is able to create a subtle corollary, the idea that China is also a postwar state that is both one of the creators and protectors of the postwar international order. 

Daigengna Duoer is a PhD student at the Religious Studies Department, University of California, Santa Barbara. Her dissertation researches on transnational and transregional Buddhist networks connecting twentieth-century Inner Mongolia, Manchuria, Republican China, Tibet, and the Japanese Empire.

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The Fiume Crisis: Life in the Wake of the Habsburg Empire (Harvard UP, 2020) recasts what we know about the birth of fascism, the rise of nationalism, and the fall of empire after World War I by telling the story of the three-year period when the Adriatic city of Fiume (today Rijeka, in Croatia) generated an international crisis.

In 1919 the multicultural former Habsburg city was occupied by the paramilitary forces of the flamboyant poet-soldier Gabriele D'Annunzio, who aimed to annex the territory to Italy and became an inspiration to Mussolini. Many local Italians supported the effort, nurturing a standard tale of nationalist fanaticism. However, Dominique Kirchner Reill shows that practical realities, not nationalist ideals, were in the driver's seat. Support for annexation was largely a result of the daily frustrations of life in a "ghost state" set adrift by the fall of the empire. D'Annunzio's ideology and proto-fascist charisma notwithstanding, what the people of Fiume wanted was prosperity, which they associated with the autonomy they had enjoyed under Habsburg sovereignty. In these twilight years between the world that was and the world that would be, many across the former empire sought to restore the familiar forms of governance that once supported them. To the extent that they turned to nation-states, it was not out of zeal for nationalist self-determination but in the hope that these states would restore the benefits of cosmopolitan empire.

Against the too-smooth narrative of postwar nationalism, The Fiume Crisis demonstrates the endurance of the imperial imagination and carves out an essential place for history from below.

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Listen to this interview of Helen Sword, author of Stylish Academic Writing (Harvard UP, 2012). We talk about bad writing, but a lot more about how to make it good. There's even a dog.

Interviewer : "What is it that keeps most students and then, too, many early-career academics away from making the effort to write well?"

Helen Sword : "Writing is seen as this utilitarian thing. You've got to learn it. It's got lots of rules. If you get things wrong, somebody's going to put red ink on there or red tracked changes or whatever. There's a lot of emotional baggage tied up with the hard work of writing well, and yet when I interviewed successful academic writers, what I heard over and over again, was about the pleasures that they take in the hard work of the craft. And that's where, for me, I link the pleasures of writing well back to stylish academic writing, to the craft of writing well. Those two things have got to go hand in hand to be a long-term sustainable kind of enterprise."

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On this episode of New Books in History, Jana Byars talks with Sharon Strocchia, Professor of History at Emory University. She is the author of Death and Ritual in Renaissance Florence, (Johns Hopkins University Press, 1992), Nuns and Nunneries in Renaissance Florence (Johns Hopkins University Press, 2009), and the book we are here to talk about today, Forgotten Healers: Women and the Pursuit of Health in Late Renaissance Italy, a 2019 Harvard University Press release. In this book, Professor Strocchia continues the work of her career: recentering the discourse to include the formative contributions of women in the Italian Renaissance. Through a discussion of Medici women, convent pharmacists, and hospital nurses, Strocchia adeptly argues that women played a leading role in the development of Renaissance medicine.

Jana Byars is the academic director of SIT Amsterdam’s study abroad program, Gender and Sexuality in an International Perspective.

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R. H. Helmholz's book Natural Law in Court (Harvard UP, 2015) serves as a guide to the uses of natural law in the past. It shows how lawyers, judges and jurists used natural law to reason and argue about all areas of the law, be they procedural or substantive. Far from being a polemic, this book delves into the legal record of multiple countries to compare, contrast and shed light on the role natural law played in actual legal disputes. Due to the renewed interest in natural law today, this book serves as an important counter-point to legal thinkers who too often rely on purely philosophical or theoretical notions of natural law in their arguments to show how natural law was (and potential can be) deployed to make effective legal arguments in actual legal proceedings.

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Americans have long viewed marriage between a white man and a white woman as a sacred union. But marriages between African Americans have seldom been treated with the same reverence. This discriminatory legacy traces back to centuries of slavery, when the overwhelming majority of black married couples were bound in servitude as well as wedlock. Though their unions were not legally recognized, slaves commonly married, fully aware that their marital bonds would be sustained or nullified according to the whims of white masters.

Bound In Wedlock: Slave and Free Black Marriage in the Nineteenth Century (Harvard UP, 2017) is the first comprehensive history of African American marriage in the nineteenth century. Uncovering the experiences of African American spouses in plantation records, legal and court documents, and pension files, Tera W. Hunter reveals the myriad ways couples adopted, adapted, revised, and rejected white Christian ideas of marriage. Setting their own standards for conjugal relationships, enslaved husbands and wives were creative and, of necessity, practical in starting and supporting families under conditions of uncertainty and cruelty.

After emancipation, white racism continued to menace black marriages. Laws passed during Reconstruction, ostensibly to secure the civil rights of newly freed African American citizens, were often coercive and repressive. Informal antebellum traditions of marriage were criminalized, and the new legal regime became a convenient tool for plantation owners to discipline agricultural workers. Recognition of the right of African Americans to enter into wedlock on terms equal to whites would remain a struggle into the Jim Crow era, and its legacy would resonate well into the twentieth century.

Tera W. Hunter is the Edwards Professor of American History and Professor of African-American Studies at Princeton University. A specialist in 19th and 20th century African American history, her research focuses on gender, race, labor, and Southern histories.

Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth century African American women’s history, slavery and emancipation in colonial America and the Atlantic world, and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte!

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In 1985, Greg Mack, a DJ working for Los Angeles radio station KDAY, played a song that sounded like nothing else on West Coast airwaves: Toddy Tee’s “The Batteram,” a hip hop track that reflected the experiences of a young man growing up in 1980s Compton. The song tells about the Los Angeles Police Department’s battering ram truck, an emblem of the city under Police Chief Daryl Gates, and which terrorized largely African American neighborhoods across Los Angeles under his watch. In To Live and Defy in LA: How Gangsta Rap Changed America (Harvard UP, 2020), historian at San Francisco State University Felicia Angeja Viator describes how rap leapt across the continent from its New York roots in the mid-1980s and took hold in Los Angeles. Often gaining popularity by word of mouth and mobile DJ parties, local groups like NWA pioneered a new, harder-edged, style of hip hop music that reflected their experiences as youth growing up in Gates era LA. Viator explains how the rapid rise of West Coast rap became engulfed in the culture wars of the late 1980s and 1990s and shaped perceptions of the 1992 LA uprising. When gangsta rap hit the American mainstream in the early 90s, the artform changed the face of popular music and American culture forever.

For a playlist of songs featured in To Live and Defy in LA, see the following link.

Stephen Hausmann is an Assistant Professor of US History at the University of St. Thomas in Minnesota. He teaches courses on modern US history, environmental history, and Indigenous history and is currently working on his book manuscript, an environmental history of the Black Hills of South Dakota and Wyoming.

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