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The European Union: A Citizen's Guide
Christopher J. Bickerton - 2016
At the centre of a seemingly never-ending crisis, the EU remains a black box, closed to public understanding. Is it a state? An empire? Is Europe ruled by Germany or by European bureaucrats? Does a single European economy exist after all these years of economic integration? And should the EU have been awarded the Nobel peace prize in 2012? Critics tell us the EU undermines democracy. Are they right?In this provocative volume, political scientist Chris Bickerton provides an answer to all these key questions and more at a time when understanding what the EU is and what it does is more important than ever before.
We See It All: Liberty and Justice in an Age of Perpetual Surveillance
Jon Fasman - 2021
Embedding himself within police departments on both coasts, Fasman explores the moral, legal, and political questions posed by these techniques and tools.By zeroing in on how facial recognition, automatic license-plate readers, drones, predictive algorithms, and encryption affect us personally, Fasman vividly illustrates what is at stake and explains how to think through issues of privacy rights, civil liberties, and public safety. How do these technologies impact how police operate in our society? How should archaic privacy laws written for an obsolete era—that of the landline and postbox—be updated?Fasman looks closely at what can happen when surveillance technologies are combined and put in the hands of governments with scant regard for citizens’ civil liberties, pushing us to ask: Is our democratic culture strong enough to stop us from turning into China, with its architecture of control?
Race, Incarceration, and American Values
Glenn C. Loury - 2008
Our incarceration rate--at 714 per 100,000 residents and rising--is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury argues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans--vastly disproportionately black and brown--with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes.
What About Law: Studying Law at University
Catherine Barnard - 2007
The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.
Homo Sacer: Sovereign Power and Bare Life
Giorgio Agamben - 1994
Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it.In Homo Sacer, Agamben aims to connect the problem of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault’s fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle’s notion of man as a political animal, and throughout the history of Western thinking about sovereignty (whether of the king or the state), a notion of sovereignty as power over “life” is implicit.The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt’s idea of the sovereign’s status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective “naked life” of all individuals.
Carceral Capitalism
Jackie Wang - 2017
When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police?—from Carceral CapitalismIn this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible.Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.
Crisis and Command: A History of Executive Power from George Washington to George W. Bush
John Yoo - 2010
To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.
The Idea of Justice
Amartya Sen - 2009
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.
The Common Law
Oliver Wendell Holmes Jr. - 1963
(1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.
Our Declaration: A Reading of the Declaration of Independence in Defense of Equality
Danielle S. Allen - 2014
Unsettled by this, Danielle Allen read the text quietly with students and discovered its animating power. “Bringing the analytical skills of a philosopher, the voice of a gifted memoirist, and the spirit of a soulful humanist to the task, Allen manages to . . . find new meaning in Thomas Jefferson’s understanding of equality,” says Joseph J. Ellis about Our Declaration. Countering much of the popular perception, she restores equality to its rightful place, detailing the Declaration’s case that freedom rests on equality. The contradictions between ideals and reality in a document that perpetuated slavery are also brilliantly tackled by Allen, whose cogently written and beautifully designed book “is must-reading for all who care about the future as well as the origins of America’s democracy” (David M. Kennedy).
Loaded: A Disarming History of the Second Amendment
Roxanne Dunbar-Ortiz - 2018
From Daniel Boone and Jesse James to the NRA and Seal Team 6, gun culture has colored the lore, shaped the law, and protected the market that arms the nation. In Loaded, Roxanne Dunbar-Ortiz peels away the myths of gun culture to expose the true historical origins of the Second Amendment, exposing the racial undercurrents connecting the earliest Anglo setters with contemporary gun proliferation, modern-day policing, and the consolidation of influence of armed white nationalists. From the enslavement of Blacks and the conquest of Native America, to the arsenal of institutions that constitute the "gun lobby," Loaded presents "a people's history of the Second Amendment" as seen through the lens of those who have been most targeted by guns: people of color. Meticulously researched and thought-provoking throughout, this is essential reading for anyone interested in understanding the historical connections between racism and gun violence in the United States.
God's Long Summer: Stories of Faith and Civil Rights
Charles Marsh - 1997
This was the summer when violence against blacks increased at an alarming rate and when the murder of three civil rights workers in Mississippi resulted in national media attention. Charles Marsh takes us back to this place and time, when the lives of activists on all sides of the civil rights issue converged and their images of God clashed. He weaves their voices into a gripping narrative: a Ku Klux Klansman, for example, borrows fiery language from the Bible to link attacks on blacks to his priestly calling; a middle-aged woman describes how the Gospel inspired her to rally other African Americans to fight peacefully for their dignity; a SNCC worker tells of harrowing encounters with angry white mobs and his pilgrimage toward a new racial spirituality called Black Power. Through these emotionally charged stories, Marsh invites us to consider the civil rights movement anew, in terms of religion as a powerful yet protean force driving social action.The book's central figures are Fannie Lou Hamer, who worked for Jesus in civil rights activism; Sam Bowers, the Imperial Wizard of the White Knights of the Ku Klux Klan of Mississippi; William Douglas Hudgins, an influential white Baptist pastor and unofficial theologian of the closed society; Ed King, a white Methodist minister and Mississippi native who campaigned to integrate Protestant congregations; and Cleveland Sellers, a SNCC staff member turned black militant.Marsh focuses on the events and religious convictions that led each person into the political upheaval of 1964. He presents an unforgettable American social landscape, one that is by turns shameful and inspiring. In conclusion, Marsh suggests that it may be possible to sift among these narratives and lay the groundwork for a new thinking about racial reconciliation and the beloved community. He maintains that the person who embraces faith's life-affirming energies will leave behind a most powerful legacy of social activism and compassion.-- "Publishers Weekly"
The Cases That India Forgot
Chintan Chandrachud - 2019
Written in a lively, riveting style, this book has a cast of characters that includes the who’s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don’t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.
Original Intent: The Courts, the Constitution, & Religion
David Barton - 1996
Filled with hundreds of the Founders' quotes revealing their beliefs on the role of religion in public affairs, the proper role of the courts, the intended limited scope of federal powers, and numberous other current issues.
Novus Ordo Seclorum: The Intellectual Origins of the Constitution
Forrest McDonald - 1985
Forrest McDonald, widely considered one of the foremost historians of the Constitution and of the early national period, reconstructs the intellectual world of the Founding Fathers--including their understanding of law, history political philosophy, and political economy, and their firsthand experience in public affairs--and then analyzes their behavior in the Constitutional Convention of 1787 in light of that world. No one has attempted to do so on such a scale before. McDonald's principal conclusion is that, though the Framers brought a variety of ideological and philosophical positions to bear upon their task of building a "new order of the ages," they were guided primarily by their own experience, their wisdom, and their common sense."A witty and energetic study of the ideas and passions of the Framers."--
New York Times Book Review
"Bristles with wit and intellectual energy."--
Christian Science Monitor
"A masterpiece. McDonald's status as an interpreter of the Constitution is unequalled--magisterial."--
National Review