Book picks similar to
Law as a Leap of Faith: Essays on Law in General by John Gardner
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law
law-general-theory
professional-reading
Nothing to Hide: The False Tradeoff between Privacy and Security
Daniel J. Solove - 2011
But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy.
Pragmatism: A Reader
Louis Menand - 1997
But since its birth was announced a century ago in 1898 by William James, pragmatism has played a vital role in almost every area of American intellectual and cultural life, inspiring judges, educators, politicians, poets, and social prophets.Now the major texts of American pragmatism, from William James and John Dewey to Richard Rorty and Cornel West, have been brought together and reprinted unabridged. From the first generation of pragmatists, including the Supreme Court Justice Oliver Wendell Holmes and the founder of semiotics, Charles Sanders Peirce, to the leading figures in the contemporary pragmatist revival, including the philosopher Hilary Putnam, the jurist Richard Posner, and the literary critic Richard Poirier, all the contributors to this volume are remarkable for the wit and vigor of their prose and the mind-clearing force of their ideas. Edited and with an Introduction by Louis Menand, Pragmatism: A Reader will provide both the general reader and the student of American culture with excitement and pleasure.
Propaganda: The Formation of Men's Attitudes
Jacques Ellul - 1962
With the logic which is the great instrument of French thought, [Ellul] explores and attempts to prove the thesis that propaganda, whether its ends are demonstrably good or bad, is not only destructive to democracy, it is perhaps the most serious threat to humanity operating in the modern world."--Los Angeles Times"The theme of Propaganda is quite simply...that when our new technology encompasses any culture or society, the result is propaganda... Ellul has made many splendid contributions in this book."--Book Week"An exhaustive catalog of horrors. It shows how modern, committed man, surrounded and seized by propaganda, more often than not surrenders himself to it only too willingly, especially in democracies--because he is educated for his rule as dupe. 'The most favorable moment to seize a man and influence him,' Ellul writes, 'is when he is alone in the mass; it is at this point that propaganda can be most effective. This is the situation of the 'lonely crowd,' or of isolation in the mass, which is a natural product of modern-day society, which is both used and deepened by the mass media.' "--Los Angeles Free Press
On Tyranny: Twenty Lessons from the Twentieth Century
Timothy Snyder - 2017
Against all predictions, one of the most-disliked presidential candidates in history had swept the electoral college, elevating a man with open contempt for democratic norms and institutions to the height of power.Timothy Snyder is one of the most celebrated historians of the Holocaust. In his books Bloodlands and Black Earth, he has carefully dissected the events and values that enabled the rise of Hitler and Stalin and the execution of their catastrophic policies. With Twenty Lessons, Snyder draws from the darkest hours of the twentieth century to provide hope for the twenty-first. As he writes, “Americans are no wiser than the Europeans who saw democracy yield to fascism, Nazism and communism. Our one advantage is that we might learn from their experience.”Twenty Lessons is a call to arms and a guide to resistance, with invaluable ideas for how we can preserve our freedoms in the uncertain years to come.
Lectures on the History of Political Philosophy
John Rawls - 2007
Offers readers an account of the liberal political tradition from a scholar viewed by many as the greatest contemporary exponent of the philosophy behind that tradition.
The Old Is Dying and the New Cannot Be Born
Nancy Fraser - 2019
Leading political theorist Nancy Fraser, in conversation with Jacobin publisher Bhaskar Sunkara, dissects neoliberalism's current crisis and argues that we might wrest new futures from its ruins.The global political, ecological, economic, and social breakdown--symbolized, but not caused, by Trump's election--has destroyed faith that neoliberal capitalism is beneficial to the majority. Fraser explores how this faith was built through the late twentieth century by balancing two central tenets: recognition (who deserves rights) and distribution (who deserves income). When these began to fray, new forms of outsider populist politics emerged on the left and the right. These, Fraser argues, are symptoms of the larger crisis of hegemony for neoliberalism, a moment when, as Gramsci had it, "the old is dying and the new cannot be born."Explored further in an accompanying interview with Jacobin publisher Bhaskar Sunkara, Fraser argues that we now have the opportunity to build progressive populism into an emancipatory social force, one that can claim a new hegemony.
Winning the Future: A 21st Century Contract With America
Newt Gingrich - 2004
The threats as he sees them are Islamic terrorists and rogue dictatorships armed with nuclear or biological weapons; the removal of God from American public life; a loss of patriotism and sense of America's history; a decline in economic supremacy because of poor science and math education; and the increasing budgetary burden of Social Security and Medicare. To tackle these problems, Gingrich offers his "21st Century Contract with America," which he outlines in great detail in this bold and thought-provoking book. His updated contract, which comes a decade after the original Republican Contract with America that marked the high point of Gingrich's national power, calls for a dramatically simplified tax code that favors savings and investment; government investment in science and technology, particularly regarding space, energy, and the environment; transforming Social Security into personal savings accounts; overhauling the civil justice system to reduce the burden of lawsuits; and updating the federal government, including the privatization of some functions, so that it moves at the speed and effectiveness of the information age. And that's just the beginning. He also calls for tripling the size of America's intelligence community, reforming its election system, developing a more intelligent health care system that creates jobs and increases quality of life, and balancing the federal budget.Gingrich believes that this ambitious agenda can be accomplished, but only if it receives grassroots support. The entrenched political system, with its lobbyists, bloated bureaucracies, and the complicity of the media, is too self-serving to fix itself, he stresses. Concise and clearly presented, Winning the Future is long on specifics and short on rhetoric, and it succeeds as a springboard for political discourse. Gingrich's aim is clearly to inspire citizens to take responsibility for the county's direction by demanding more of their government and their leaders.
Kindly Inquisitors: The New Attacks on Free Thought
Jonathan Rauch - 1993
Rauch explores how the system for producing knowledge works in a liberal society, and why it has now become the object of a powerful ideological attack. Moving beyond the First Amendment, he defends the morality, rather than the legality, of an intellectual regime that relies on unfettered and often hurtful criticism. Kindly Inquisitors is a refreshing and vibrant essay, casting a provocative light on the raging debates over political correctness and multiculturalism."Fiercely argued. . . . What sets his study apart is his attempt to situate recent developments in a long-range historical perspective and to defend the system of free intellectual inquiry as a socially productive method of channeling prejudice."—Michiko Kakutani, New York Times"Like no other, this book restates the core of our freedom and demonstrates how great, and disregarded, the peril to that freedom has become."—Joseph Coates, Chicago Tribune"The philosophical defense of free speech and free thought that seems to have been forgotten. . . . A powerful argument."—Diane Ravitch, Wall Street Journal
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.
Postmodernism or the Cultural Logic of Late Capitalism
Fredric Jameson - 1991
Jameson’s inquiry looks at the postmodern across a wide landscape, from “high” art to “low” from market ideology to architecture, from painting to “punk” film, from video art to literature.
Natural Law and Natural Rights
John Finnis - 1980
This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.
Holy Smoke: How Christianity Smothered the American Dream
Rick Snedeker - 2020
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.
Marxism and Philosophy
Karl Korsch - 1923
In it he argues for a reexamination of the relationship between Marxist theory and bourgeois philosophy, and insists on the centrality of the Hegelian dialectic and a commitment to revolutionary praxis. Although widely attacked in its time, Marxism and Philosophy has attained a place among the most important works of twentieth-century Marxist theory, and continues to merit critical reappraisal from scholars and activists today.
Feminism Unmodified: Discourses on Life and Law
Catharine A. MacKinnon - 1987
MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. MacKinnon offers a unique retrospective on the law of sexual harassment, which she designed and has worked for a decade to establish, and a prospectus on the law of pornography, which she proposes to change in the next ten years. Authentic in voice, sweeping in scope, startling in clarity, urgent, never compromised and often visionary, these discourses advance a new theory of sex inequality and imagine new possibilities for social change.Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as a matter of sameness and difference--as virtually all existing theory and law have done--covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power. She reveals a political system of male dominance and female subordination that sexualizes power for men and powerlessness for women. She analyzes the failure of organized feminism, particularly legal feminism, to alter this condition, exposing the way male supremacy gives women a survival stake in the system that destroys them.