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On Dissent: Its Meaning in America, by Ronald K. L. Collins, David M. Skover
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America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. "Dissent" is treated as a known fact. For all that has been said about dissent - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal, or cultural meanings or usages. There is a need to develop some clarity about this phenomenon we call dissent, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort, or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
- Sales Rank: #1972920 in Books
- Published on: 2015-07-02
- Original language: English
- Number of items: 1
- Dimensions: 7.01" h x .43" w x 5.00" l, .39 pounds
- Binding: Paperback
- 200 pages
Amazon.com Review
Q&A with authors Ronald Collins and David Skover
Why write a book about dissent?
“Dissent” is treated as a known fact. There have been countless books, articles, judicial opinions, and popular news pieces written about dissent. But for all that, it is remarkable that no one has devoted much ink to explaining what dissent is. Many have explained why we must value dissent, but few, if any, have described what this thing is that we value. The questions that are never asked include: What is “dissent”? What is its philosophical, legal, linguistic, and cultural meanings? There is a need to understand this phenomenon that we call dissent-- for not every difference of opinion, symbolic gesture, incitement to action, revolutionary effort or political assassination need be considered dissent. It is just this measure of meaning that On Dissent offers.
Whom did you interview? Was there anything surprising about how they defined dissent?
Interviews for this book were conducted with twenty-two distinguished persons-- judges, legal scholars, philosophers, sociologists, historians, religious studies professors, political theorists, communication theorists, social activists, and even one media personality-- all of whom generously gave of their time and effort to explore with us their understandings of dissent. Although we expected more consensus from them as to the meaning of dissent, we were quite surprised by how often they differed in their views of its essential features and workings. In the long run, this wide range of responses to our questions added to the richness of our own analysis and discussion in On Dissent.
Dissent is most often associated with political and religious movements, but how is dissent also significant in commercial and artistic arenas?
It is true that one typically thinks of dissent in religious realms, political circles, and other social contexts. But there is clearly something more to dissent when you think of the commercial and aesthetic spheres. Consider only a few of the many questions posed in On Dissent: Can a corporation be a dissenter? Even if it is possible for a non-profit corporation to dissent, can a for-profit corporation like Nike or Exxon be viewed meaningfully as a dissenter? Under what conditions may that be the case? Although the notion of artists acting as dissenters may be commonplace, is it as likely to be the case for commercial products-- Che Guevara shirts, Malcolm X baseball caps, black Goth clothing, or other fashion statements? Can dissent ever meaningfully be an aesthetic or stylistic choice of self-expression? These questions and many more are also explored in On Dissent.
What’s the relationship between violence and dissent?
This is a very complex and challenging question. On Dissent features a chapter called “The Vagaries of Violence” that explores the very thorny connection between various forms of violence and dissent, and it is impossible to summarize the analysis of that chapter in just a few words. Suffice it to say that, at its core, the concept of dissent (in America, at least) is most easily associated with non-violent types of protest, though it need not categorically end there. Even though civil disobedience is against the law, most-- but not all-- consider non-violent civil disobedience to be meaningful dissent. But what happens as dissent moves along the spectrum from minor injury to persons or property to acts of terrorism, rebellion, and revolution? At these points, all consensus breaks down as to whether such actions should be labeled as “dissent” at all, even if they would not be legally tolerated. Here, conceptual nuance is vital. The stimulating examination of the relationship between dissent and violence is a strong feature of On Dissent.
Review
"In the age of Occupy gatherings and tea party town hall protests, the question of dissent and its definition-and ultimate purpose-becomes more urgent, and the timing of On Dissent couldn't be better in that sense."-Susan Gardner, Daily Kos
"This is a fine book. It is not hard reading; it is tough thinking. It should be required reading for school board members and other public officials and for everyone who wants to continue to learn." -Tom Phillips, Washington Independent Review of Books
About the Author
Ronald K. L. Collins is the Harold S. Shefelman Scholar at the University of Washington Law School. Collins was a scholar at the Washington, DC, office of the First Amendment Center, where he wrote and lectured on freedom of expression, and where he is still a senior fellow. His journalistic writings on the First Amendment have appeared in Columbia Journalism Review, the New York Times and the Washington Post, among other publications. He is the book editor of SCOTUSblog. In addition to the books that he has co-authored with David Skover, Collins is the editor of Oliver Wendell Holmes: A Free Speech Reader (2010) and co-author with Sam Chaltain of We Must Not Be Afraid to Be Free (2011). His latest book is Nuanced Absolutism: Floyd Abrams and the First Amendment (2013).
David M. Skover is the Fredric C. Tausend Professor of Law at Seattle University School of Law. He teaches, writes and lectures in the fields of federal constitutional law, federal jurisdiction, mass communications theory and the First Amendment. Skover graduated from the Woodrow Wilson School of International and Domestic Affairs at Princeton University. He received his law degree from Yale Law School, where he was an editor of the Yale Law Journal. Thereafter, he served as a law clerk for Judge Jon O. Newman of the US Court of Appeals for the Second Circuit. In addition to the books that he has co-authored with Ronald Collins, he is the co-author with Pierre Schlag of Tactics of Legal Reasoning (1986).
Most helpful customer reviews
5 of 5 people found the following review helpful.
Dissent into Hell (of language)
By David Wineberg
In the 80s I tore out a two page ad that spoke volumes to me. It simply said "We can take something this complicated" (image of a one line memo: Need to put Tucson on the network.) "...and simplify it" (image of a huge whiteboard with indecipherable nodes, servers, connections, equipment and systems). That is also the story of On Dissent.
I was attracted to On Dissent by its blurb, which listed famous names who contributed to it. Names like Chomsky, Zinn, Nader and Cornel West. These are some of the most dissenting intellects of our era, so I had huge expectations. They are in fact there, but their comments are not about the import, impact or fading of dissent in society. Their comments are on how to define dissent. They are quoted not on the status of dissent, but on the scope of the word itself. This is not a book about rights, liberties and dialog. It is a book about legal and philological interpretation. Of one word.
Once you understand that, the book is exhaustively comprehensive and thorough. And though you might disagree with the authors' broad definition of dissent, encompassing protests and civil disobedience, and to certain extents violence, the analysis is cogent and clear. I have lived my life thinking dissent referred to criticism of and potential alternative approaches to an issue. Lawyers laugh.
In the authors' terms, the conundrum that came to my mind (not explored in the book) is that of someone who desires euthanasia. It's illegal. He goes to court, but is denied. To him, the law is an ass. Inspired by Tibetan monks, he self immolates in a public square. Is his suicide dissent? Alternatively, is it an act of extreme violence, civil disobedience, or a criminal act? Is it a protest as loudly as he can make one? Or is he just dealing with his own hopeless, powerless, painful state openly? The authors would say all these alternatives are dissents.
Later, there's a tortured chapter on whether corporations can dissent. The experts say (a qualified) no , but there is so much evidence to the contrary, I can't imagine how they can say that. Corporations dissent when profits are put at risk by others. Soft drink makers dissent when New York bans Big Gulps. Cigarette makers dissent - all the time. Insurers loudly withdraw from states when they dissent from regulations. Gun makers dissent at the slightest whiff of regulation. Every time a legal decision goes against them, companies dissent. It's an everyday thing. I find it difficult to see how it is even debatable.
The epilogue breaks ranks and sings the praises of dissent in America, from Thomas Paine to current Supreme Court decisions. Dissent is absolutely critical to the nation, and is not only not be feared, but to be promulgated, encouraged, required, and treasured.
I like books to be challenging. On Dissent does that.
David Wineberg
0 of 0 people found the following review helpful.
Five Stars
By kathy king
wonderful condition
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