Faculty Bibliography
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Noah Feldman, Division, Design, and the Divine: Church and State in Today's America, 30 Okla. City U. L. Rev. 845 (2005).
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Noah R. Feldman, Imposed Constitutionalism, 37 Conn. L. Rev. 857 (2005).
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Noah R. Feldman, After Jihad: America and the Struggle for Islamic Democracy (Farrar, Straus & Giroux 2004).
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A lucid and compelling case for a new American stance toward the Islamic world. What comes after jihad? Outside the headlines, believing Muslims are increasingly calling for democratic politics in their undemocratic countries.
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Noah Feldman, The Theorists' Constitution -- and Ours, 117 Harv. L. Rev. 1163 (2004) (reviewing Amy Gutman, Identity in Democracy (2003)).
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Noah R. Feldman, Aristotelian Equity and Accretionary Law in Maimonides: Some Further Thoughts, in On Law and Equity in Maimonidean Jurisprudence 13 (Hanina Ben-Menahem & Berachyahu Lifshitz eds., 2004).
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What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.
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Noah Feldman, The Best Hope, Bos. Rev., Apr./May 2003, at 14 (reviewing Khaled Abou El Fadl, Islam and the Challenge of Democracy (Joshua Cohen & Deborah Chasman eds., 2004)).
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Noah Feldman, Choices of Law, Choices of War, 25 Harv. J.L. & Pub. Pol'y 457 (2002).
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Noah Feldman, Non-Sectarianism Reconsidered, 18 J.L. & Pol. 65 (2002).
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Noah Feldman, Political Equality and the Islamic State, 30 Phil. Topics 253 (2002).
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Noah R. Feldman, The Translators of Averroes' Commentary on the Nicomachean Ethics, 8 Turjuman 69 (1999).
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