Friedmann, Natural Law Forum

    National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the U.K. Times Literary Supplement.

    Discourse ethics attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse. Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society.

    The speech is significant both because its topic remains timely and because its arguments illustrate the applicability of the principle of utility to questions of large-scale social policy.

    Newsweek called it “a stunning new study of ethics by one of the foremost moral philosophers in the English-speaking world.” Since that time, the book has been translated into more than fifteen foreign languages and has sold over one hundred thousand copies. Now, twenty-five years later, the University of Notre Dame Press is pleased to release the third edition of After Virtue, which includes a new prologue “After Virtue after a Quarter of a Century.” In this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery. While the individual chapters are wide-ranging, once pieced together they comprise a penetrating and focused argument about the price of modernity. In the Third Edition prologue, MacIntyre revisits the central theses of the book and concludes that although he has learned a great deal and has supplemented and refined his theses and arguments in other works, he has “as yet found no reason for abandoning the major contentions” of this book. While he recognizes that his conception of human beings as virtuous or vicious needed not only a metaphysical but also a biological grounding, ultimately he remains “committed to the thesis that it is only from the standpoint of a very different tradition, one whose beliefs and presuppositions were articulated in their classical form by Aristotle, that we can understand both the genesis and the predicament of moral modernity.”

    Self-serving monarchic social systems, which collectively reduced common people to servitude, were now attacked by Enlightenment philosophers, of whom Rouseau was a leading light.His masterpiece, The Social Contract, profoundly influenced the subsequent development of society and remains provocative in a modern age of continuing widespread vested interest. This is the most comprehensive paperback edition available, with introduction, notes, index and chronology of Rousseau's life and times.

    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.

    But it has been the terror of the capitalist rulers against which an outraged majority eventually rises. Trotsky explains why the working class is the only social force capable of leading the toiling majority in overthrowing the capitalist exploiters and beginning the construction of a new society and why individual terrorism -- whatever its intention -- relegates the workers to the role of spectators and opens the workers movement to provocation and victimization.

    And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.The transcendental theory of justice, the subject of Sen's analysis, flourished in the Enlightenment and has proponents among some of the most distinguished philosophers of our day; it is concerned with identifying perfectly just social arrangements, defining the nature of the perfectly just society. The approach Sen favors, on the other hand, focuses on the comparative judgments of what is "more" or "less" just, and on the comparative merits of the different societies that actually emerge from certain institutions and social interactions.At the heart of Sen's argument is a respect for reasoned differences in our understanding of what a "just society" really is. People of different persuasions--for example, utilitarians, economic egalitarians, labor right theorists, no--nonsense libertarians--might each reasonably see a clear and straightforward resolution to questions of justice; and yet, these clear and straightforward resolutions would be completely different. In light of this, Sen argues for a comparative perspective on justice that can guide us in the choice between alternatives that we inevitably face.

    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

    This ironic perspective on the human condition is valuable but it cannot advance liberalism's social and political goals. In fact, Rorty believes that it is literature and not philosophy that can do this, by promoting a genuine sense of human solidarity. Specifically, it is novelists such as Orwell and Nabokov who succeed in awakening us to the cruelty of particular social practices and individual attitudes. Thus, a truly liberal culture would fuse the private, individual freedom of the ironic, philosophical perspective with the public project of human solidarity as it is engendered through the insights and sensibilities of great writers. Rorty uses a wide range of references--from philosophy to social theory to literary criticism--to elucidate his beliefs.

    Contained in this volume are the following essays: Civil Disobedience, Natural History of Massachusetts, A Walk to Wachusett, The Landlord, A Winter Walk, The Succession of Forest Trees, Walking, Autumnal Tints, Wild Apples, Night and Moonlight, Aulus Persius Flaccus, Herald of Freedom, Life Without Principle, Paradise (to be) Regained, A Plea for John Brown, The Last Days of John Brown, After the Death of John Brown, The Service, Slavery in Massachusetts, and Wendell Phillips Before Concord Lyceum.

    But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world.

    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.

    It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. Starting from claims of excluded groups about decision making, cultural expression, and division of labor, Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. This is an innovative work, an important contribution to feminist theory and political thought, and one of the most impressive statements of the relationship between postmodernist critiques of universalism and concrete thinking.... Iris Young makes the most convincing case I know of for the emancipatory implications of postmodernism. --Seyla Benhabib, State University of New York at Stony Brook