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The heart of Epstein's claim is that _anything_ the government does that imposes any sort of "cost" on anybody amounts to a "taking" for which the Constitution requires just compensation. We all know how this is supposed to work as applied to the usual exercise of eminent domain. But Epstein casts his net wide and argues that the takings clause applies to all sorts of things you never would have thought of -- welfare programs, rent control, jiggery-pokery with the national currency, you name it.
The impact of the book is evident mainly through "negative" evidence. For example, some readers may recall that during the Clarence Thomas hearings, somebody asked Thomas if he believed the stuff in this book (as the Congresscritter in question clearly did not). I think Thomas managed to duck the question, but the point was made. And at any rate, it tells you something that somebody found it important to _ask_ the question in the first place.
Then, too, my own property-law casebook remarks somewhere near the end that Epstein's views on "takings" have not been found convincing by too many people. Interesting that the book still finds it necessary to mention his work, then.
So check it out. Sure, it's radical, and (let's admit it frankly) it's probably not a correct interpretation of the framers' intent. But if you're not a tax-and-spend Congresscritter, maybe you'll find it as pregnant and alluring a suggestion as I do. And it's one of Epstein's best books; I think he wrote it before he had completely converted to utilitarianism. You don't have to agree with it, but you should at least learn why Federalistas are afraid of it.
James V. DeLong
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I am buying the book for my 10 yr old Nephew who is no fan of reading himself but both his father & I have read the book & after telling him about the story he is looking forward to checking it out. It might have something to do with the fact that he is also named Christopher :)
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Anyway, on to the book itself. Probably most people interested in Knight's "Discourse" have been referred hither by notorious Aleister Crowley, who lauded it as "invaluable to all students" in his "Magick in Theory and Practice." It's easy to see why he was interested. Very few scholars had dared broach the subject of "phallicism" or "fertility religion" in Crowley's day, in spite of the mounting testimony of the still-nascent discipline of archaeology to the fact that practically all peoples in all times and climes have developed certain beliefs and evolved certain rites and practices along these lines. Knight's rare work on the subject had first been published way back in 1786, and, as a Deist philosophical extrapolation from scholarly opinion as to the significance of the thousands of extraordinarily "obfcene" religious artifacts and monuments then on record from all periods of Western culture, it had predictably scandalized his contemporaries and was quickly suppressed. The plates in particular, rife with phalli engraved from depictions on old medals in Knight's personal collection, were deemed unfit to be circulated. But if his fellows were unable to maintain their composure when confronted with the subject of sacred sexuality, or simply found it politically convenient to wax righteous on grounds of propriety, Knight's work itself is eloquent testimony to the fact that he was a scholar of singular sincerity and sobriety - hoodwinked though he may have been by his at-times naive and presumptuous philosophical fancies, which were probably more a reflection on the fashionable ideas of the Dilettanti (of which he was a prominent member and under whose aegis the "Discourse" was originally published) than on any "Mystic Theology of the Ancients." But the topic had at least been addressed; the silence had been broken in church, so to speak. Maugre the objections of puerile minds, the pioneering value of Knight's work was recognized by many respected antiquaries both in his day and afterwards; and in 1865 a new edition appeared, complete with a supplementary essay, ascribed to the scholar Thomas Wright, "on the Worship of the Generative Powers during the Middle Ages of Western Europe."
This then is the book that Crowley recommended, and Kessinger photocopied. It has always been extremely rare, the first limited edition mostly recollected by the author, subsequent editions swiftly exhausted to private collections. It was the topic of undue controversy in its day, and has often been unfairly dismissed as little more than the quaint academic dalliance of an eighteenth-century English "gentleman connoisseur" of naughty antiques. Its text deals frankly yet deferentially with the subject of "phallic worship" in Old Greece and Egypt, traces this worship through the Middle Ages, and in fact supplies evidence that it continued practically up to the time of writing, under the semblance of orthodox Catholicism, in such rural rituals as those described in the appended "Lettera da Isernia" of 1780. All of these qualities of Knight's book doubtlessly appealed to The Beast.
It goes without saying that the "Discourse on the Worship of Priapus" ought to be taken with a grain of salt. All books, all points-of-view, ought to be taken with a grain of salt. Sir Richard Payne Knight (in company with countless others) believed that he had reconstructed the ancient "Symbolical Language" out of the pithy archaeological tokens of bygone civilizations; but it is only another pretension (after all) to insist that he was mistaken. Or, supposing he was, that his "Reconstruction" should thus necessarliy be lacking in intrinsic merit!
I'd like to thank the authors.
I highly recommand this book to everybody.