Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.

    With the clarity and originality that distinguished his prescient bestseller, Twilight of the Elites, Chris Hayes upends our national conversation on policing and democracy in a book of wide-ranging historical, social, and political analysis.Hayes contends our country has fractured in two: the Colony and the Nation. In the Nation, we venerate the law. In the Colony, we obsess over order, fear trumps civil rights, and aggressive policing resembles occupation. A Colony in a Nation explains how a country founded on justice now looks like something uncomfortably close to a police state. How and why did Americans build a system where conditions in Ferguson and West Baltimore mirror those that sparked the American Revolution?A Colony in a Nation examines the surge in crime that began in the 1960s and peaked in the 1990s, and the unprecedented decline that followed. Drawing on close-hand reporting at flashpoints of racial conflict, as well as deeply personal experiences with policing, Hayes explores cultural touchstones, from the influential “broken windows” theory to the “squeegee men” of late-1980s Manhattan, to show how fear causes us to make dangerous and unfortunate choices, both in our society and at the personal level. With great empathy, he seeks to understand the challenges of policing communities haunted by the omnipresent threat of guns. Most important, he shows that a more democratic and sympathetic justice system already exists―in a place we least suspect.A Colony in a Nation is an essential book―searing and insightful―that will reframe our thinking about law and order in the years to come.

    

    The consensus that the PAP government has constructed and maintained over five decades is fraying. The assumptions that underpin Singaporean exceptionalism are no longer accepted as easily and readily as before. Among these are the ideas that the country is uniquely vulnerable, that this vulnerability limits its policy and political options, that good governance demands a degree of political consensus that ordinary democratic arrangements cannot produce, and that the country’s success requires a competitive meritocracy accompanied by relatively little income or wealth redistribution. But the policy and political conundrums that Singapore faces today are complex and defy easy answers. Confronted with a political landscape that is likely to become more contested, how should the government respond? What reforms should it pursue? This collection of essays suggests that a far-reaching and radical rethinking of the country's policies and institutions is necessary, even if it weakens the very consensus that enabled Singapore to succeed in its first fifty years.

    What happens when this rationality transposes the constituent elements of democracy into an economic register? In Undoing the Demos, Wendy Brown explains how democracy itself is imperiled. The demos disintegrates into bits of human capital; concerns with justice bow to the mandates of growth rates, credit ratings, and investment climates; liberty submits to the imperative of human capital appreciation; equality dissolves into market competition; and popular sovereignty grows incoherent. Liberal democratic practices may not survive these transformations. Radical democratic dreams may not either.In an original and compelling argument, Brown explains how and why neoliberal reason undoes the political form and political imaginary it falsely promises to secure and reinvigorate. Through meticulous analyses of neoliberalized law, political practices, governance, and education, she charts the new common sense. Undoing the Demos makes clear that for democracy to have a future, it must become an object of struggle and rethinking.

    Taking an international perspective, and focusing on highly topical issues such as torture, arbitrary detention, privacy, health, and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue. Looking at the philosophical justification for rights, the historical origins of human rights and how they are formed in law, Andrew Clapham explains what our human rights actually are, what they might be, and where the human rights movement is heading.

    incarceration rate in the second half of the 20th century, and the racial transformation of the prison population from mostly white at mid-century to 65% black and Latino in the present day, is a trend that cannot easily be ignored. Many believe this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people.In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state--a system that disproportionately imprisons blacks and Latinos--was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more.Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right'--physical safety--eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom.The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.

    This is completely contrary to the Founding Fathers’ original vision of America; it was designed by them to be a secular democratic republic built on evidence-based Enlightenment values, emphatically not religious faith.Indeed, the Founders purposefully intended that a high, strong “wall of separation” keep church and state apart in the new nation, while allowing individual religious freedom untrammeled by government—and vice versa. But Christians with theocratic dreams keep trying to breach the wall. Through their efforts, God is now in evidence everywhere in the country—on our money, in our schools, even in high-level-government officials’ speeches. Freedom of — and from — religion is the American promise to all its people whatever their belief—or disbelief. This is how the Founding Fathers wanted it to be, not the undemocratic theocracy zealous evangelicals are trying to force on American society.

    These changes are roughly predictable because they can be interpreted on the basis of a revised version of modernization theory presented here. Drawing on a massive body of evidence from societies containing 85% of the world's population, the authors demonstrate that modernization is a process of human development, in which economic development triggers cultural changes that make individual autonomy, gender equality, and democracy increasingly likely.

    Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice.In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens' most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead.Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.

    Chief Rick Lasky takes a hard look at the fire service and finds it short on the only element that makes it effective: passion. Chief Lasky gives an upfront and honest criticism about the need to reignite the love of the job on every level, from chiefs on down. Key Features: • History and traditions of the fire service with overviews of some of the most important fire service leaders, • Detailed explanations of ceremonies for all ocasions from a firefighter's initiation to retirement, • Over 150 photos displaying the rites and ceremonies, • Helpful appendices full of sample documents for fire company use.

    This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.

    His plenary address, 'Specters of Marx', delivered in two parts, forms the basis of this book. Hotly debated when it was first published, a rapidly changing world and world politics have scarcely dented the relevance of this book.

    Illuminations includes Benjamin's views on Kafka, with whom he felt the closest personal affinity, his studies on Baudelaire and Proust (both of whom he translated), his essays on Leskov and on Brecht's Epic Theater. Also included are his penetrating study on "The Work of Art in the Age of Mechanical Reproduction," an illuminating discussion of translation as a literary mode, and his thesis on the philosophy of history. Hannah Arendt selected the essays for this volume and prefaces them with a substantial, admirably informed introduction that presents Benjamin's personality and intellectual development, as well as his work and his life in dark times. Reflections the companion volume to this book, is also available as a Schocken paperback.Unpacking My Library, 1931The Task of the Translator, 1913The Storyteller, 1936Franz Kafka, 1934Some Reflections on Kafka, 1938What Is Epic Theater?, 1939On Some Motifs in Baudelaire, 1939The Image of Proust, 1929The Work of Art in the Age of Mechanical Reproduction, 1936Theses on the Philosophy of History, written 1940, pub. 1950

    Evil is found in words such as force, compulsion, tax, violence, theft, censure, and politics. Notice that in such things, there is no joy. None have any value to humanity. This book defines the doctrine of liberty, and teaches you why choices that affect your life can only rightfully be made by you.