The Rule of Law


Tom Bingham - 2010
    The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Justice: What's the Right Thing to Do?


Michael J. Sandel - 2009
    In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Crimes Against Humanity: The Struggle For Global Justice


Geoffrey Robertson - 1999
    It sets out the rights of humankind in the 21st century, and predicts what this movement has in store, for tyrants and torturers, as well as the superpowers.

The Secret Barrister: Stories of the Law and How It's Broken


The Secret Barrister - 2018
    These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. This is a first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister shows you what it’s really like and why it really matters.

The Corporation: The Pathological Pursuit of Profit and Power


Joel Bakan - 2003
    Eminent Canadian law professor and legal theorist Joel Bakan contends that today's corporation is a pathological institution, a dangerous possessor of the great power it wields over people and societies.In this revolutionary assessment of the history, character, and globalization of the modern business corporation, Bakan backs his premise with the following observations:-The corporation’s legally defined mandate is to pursue relentlessly and without exception its own economic self-interest, regardless of the harmful consequences it might cause to others. -The corporation’s unbridled self-interest victimizes individuals, society, and, when it goes awry, even shareholders and can cause corporations to self-destruct, as recent Wall Street scandals reveal. -Governments have freed the corporation, despite its flawed character, from legal constraints through deregulation and granted it ever greater authority over society through privatization.But Bakan believes change is possible and he outlines a far-reaching program of achievable reforms through legal regulation and democratic control.Featuring in-depth interviews with such wide-ranging figures as Nobel Prize winner Milton Friedman, business guru Peter Drucker, and cultural critic Noam Chomsky, The Corporation is an extraordinary work that will educate and enlighten students, CEOs, whistle-blowers, power brokers, pawns, pundits, and politicians alike.

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.

A Theory of Justice


John Rawls - 1971
    The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.

The Establishment: And How They Get Away with It


Owen Jones - 2014
    In exposing this shadowy and complex system that dominates our lives, Owen Jones sets out on a journey into the heart of our Establishment, from the lobbies of Westminster to the newsrooms, boardrooms and trading rooms of Fleet Street and the City. Exposing the revolving doors that link these worlds, and the vested interests that bind them together, Jones shows how, in claiming to work on our behalf, the people at the top are doing precisely the opposite. In fact, they represent the biggest threat to our democracy today - and it is time they were challenged.Owen Jones may have the face of a baby and the voice of George Formby but he is our generation's Orwell and we must cherish him (Russell Brand)This is the most important book on the real politics of the UK in my lifetime, and the only one you will ever need to read. You will be enlightened and angry (Irvine Welsh)Owen Jones displays a powerful combination of cool analysis and fiery anger in this dissection of the profoundly and sickeningly corrupt state that is present-day Britain. He is a fine writer, and this is a truly necessary book (Philip Pullman)

Informing the News: The Need for Knowledge-Based Journalism


Thomas E. Patterson - 2013
    Too often, reporters give equal weight to facts and biased opinion, stir up small controversies, and substitute infotainment for real news. Even when they get the facts rights, they often misjudge the context in which they belong. Information is the lifeblood of a healthy democracy. Public opinion and debate suffer when citizens are misinformed about current affairs, as is increasingly the case. Though the failures of today’s communication system cannot be blamed solely on the news media, they are part of the problem, and the best hope for something better. Patterson proposes “knowledge-based journalism” as a corrective. Unless journalists are more deeply informed about the subjects they cover, they will continue to misinterpret them and to be vulnerable to manipulation by their sources. In this book, derived from a multi-year initiative of the Carnegie Corporation and the Knight Foundation, Patterson calls for nothing less than a major overhaul of journalism practice and education. The book speaks not only to journalists but to all who are concerned about the integrity of the information on which America’s democracy depends.

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 Devil's Advocates: Greatest Closing Arguments in Criminal Law


Michael S. Lief - 2006
    Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to steal the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case inthe book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.

The Prosecutors: A Year in the Life of a District Attorney's Office


Gary Delsohn - 2003
     Allowed unprecedented access to spend a year inside an urban prosecutors' office, Gary Delsohn provides a riveting, behind-the-scenes look at how America's increasingly overburdened judicial system really functions. Seen through the eyes of the main characters in this true-life drama-John O'Mara, a tough, jaded homicide chief and Jan Scully, an accomplished former sex-crimes prosecutor who is now the D.A.-The Prosecutors shows us these dedicated public servants at work. The cases they encounter within this one year are as shocking as they are indelible: * A simple robbery in Sacramento, California, goes bad and shatters a family forever. * A serial killer is caught only after a nationwide manhunt. * A well-respected doctor is accused of murdering his own daughter. * A twenty-five-year-old cold case involving Patty Hearst and the SLA explodes and brings incredible pressure and scrutiny to the D.A.'s office. * The son of a high-ranking California state prosecutor faces a possible death penalty for kidnap, rape,and murder. The Prosecutors chronicles the real-life legal dramas that are waged daily in our courtrooms. It is a book that enlightens, educates, entertains, and even infuriates at times with the miscarriages of justice, but, ultimately, shows in stark detail the intricacies that make our legal system work.

Gideon's Trumpet


Anthony Lewis - 1964
    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

Are Prisons Obsolete?


Angela Y. Davis - 2003
    Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

Covering: The Hidden Assault on Our Civil Rights


Kenji Yoshino - 2006
    To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart. Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future. “This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our public and private selves as convincing to the spirit as it is to the mind.” -Adam Haslett, author of You Are Not A Stranger Here“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.” -Amy Chua, author of World on Fire“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present, why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for human rights.” -Carol Gilligan, author of In a Different Voice