Book picks similar to
When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality by Corey Brettschneider
political-theory
political-philosophy
law
democracy
The Constitution of the United States of America
Founding Fathers - 1787
This inexpesnive pamphlet edition is sure to be prized by Americans of all ages.
Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Democracy and Tradition
Jeffrey L. Stout - 2003
He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard.Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.
The Zinn Reader: Writings on Disobedience and Democracy
Howard Zinn - 1997
It is rare that a historian of the Left has managed to retain as much credibility while refusing to let his academic mantle change his beautiful writing style from being anything but direct, forthright, and accessible. Whether his subject is war, race, politics, economic justice, or history itself, each of his works serves as a reminder that to embrace one's subjectivity can mean embracing one's humanity, that heart and mind can speak with one voice. Here, in six sections, is the historian's own choice of his shorter essays on some of the most critical problems facing America throughout its history, and today.
Republicanism: A Theory of Freedom and Government
Philip Pettit - 1997
The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens withan examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty.The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard tosubstantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relationsfounded upon civility and trust.Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Hard America, Soft America: Competition Vs. Coddling and the Battle for the Nation's Future
Michael Barone - 2004
Indeed, American students lag behind their peers in other nations, but America remains on the leading edge economically, scientifically, technologically, and militarily. The reason for this paradox, explains Barone in this brilliant essay, is that “from ages six to eighteen Americans live mostly in what I call Soft America—the parts of our country where there is little competition and accountability. But from ages eighteen to thirty Americans live mostly in Hard America—the parts of American life subject to competition and accountability.” While Soft America coddles, Hard America plays for keeps. Educators, for example, protect children from the rigors of testing, ban dodgeball, and promote just about any student who shows up. But most adults quickly figure out that how they do depends on what they produce. Barone sweeps readers along, showing how we came to the current divide—for things weren’t always this way. In fact, no part of our society is all Hard or all Soft, and the boundary between Hard America and Soft America often moves back and forth. Barone also shows where America is headed—or should be headed. We don’t want to subject kindergartners to the rigors of the Marine Corps or leave old people uncared for. But Soft America lives off the productivity, creativity, and competence of Hard America, and we have the luxury of keeping part of our society Soft only if we keep most of it Hard.Hard America, Soft America reveals: • How the American situation is unique: In Europe, schooling is competitive and demanding, but adult life is Soft, with generous welfare benefits, short work hours, long vacations, and state pensions• How the American military has reclaimed the Hard goals and programs it abandoned in the Vietnam era• How Hardness drives America’s economy—an economy that businesses and economists nearly destroyed in the 1970s by spurning competition • How America’s schools have failed because they are bastions of Softness—but how they are finally showing signs of Hardening• The benefits of Softness: How government programs like Social Security were necessary in what was a harsh and unforgiving America• Hard America, Soft America is a stunningly original and provocative work of social commentary from one of this country’s most respected political analysts.From the Hardcover edition.
The Conservative Mind: From Burke to Eliot
Russell Kirk - 1953
Buckley, Jr.Russell Kirk's The Conservative Mind is one of the greatest contributions to twentieth-century American conservatism. Brilliant in every respect, from its conception to its choice of significant figures representing the history of intellectual conservatism, The Conservative Mind launched the modern American Conservative Movement when it was first published in 1953 and has become an enduring classic of political thought.The seventh revised edition features the complete text and an introduction by publisher Henry Regency.A must-read.
Law, Liberty, and Morality
H.L.A. Hart - 1963
Friedmann, Natural Law Forum
The Origins of Political Order: From Prehuman Times to the French Revolution
Francis Fukuyama - 2011
Some went on to create governments that were accountable to their constituents. We take these institutions for granted, but they are absent or are unable to perform in many of today’s developing countries—with often disastrous consequences for the rest of the world.Francis Fukuyama, author of the bestselling The End of History and the Last Man and one of our most important political thinkers, provides a sweeping account of how today’s basic political institutions developed. The first of a major two-volume work, The Origins of Political Order begins with politics among our primate ancestors and follows the story through the emergence of tribal societies, the growth of the first modern state in China, the beginning of the rule of law in India and the Middle East, and the development of political accountability in Europe up until the eve of the French Revolution.Drawing on a vast body of knowledge—history, evolutionary biology, archaeology, and economics—Fukuyama has produced a brilliant, provocative work that offers fresh insights on the origins of democratic societies and raises essential questions about the nature of politics and its discontents.
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
The Citizen's Constitution: An Annotated Guide
Seth Lipsky - 2009
But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.
Liberalism
John N. Gray - 1986
In this new edition, John Gray argues that whereas liberalism was the political theory of modernity, it is ill-equipped to cope with the dilemmas of the postmodern condition. The task now, as Gray sees it, is to develop a pluralist theory, in which the liberal problem of finding a modus vivendi among rival communities and worldviews is solved in postliberal terms.Copublished with Open University Press
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
The Handbook of Human Ownership: A Manual for New Tax Farmers
Stefan Molyneux - 2011
So hold your nose, kiss the babies, and just think how good you would look on a stamp.Now, before we go into your media responsibilities, you must understand the true history of political power, so you don't accidentally act on the naive idealism you are required to project to the general public.The reality of political power is very simple: bad farmers own crops and livestock -- good farmers own human beings...
Capitalism and Freedom
Milton Friedman - 1962
The result is an accessible text that has sold well over half a million copies in English, has been translated into eighteen languages, and shows every sign of becoming more and more influential as time goes on.