Book picks similar to
Law and Revolution by Harold J. Berman
law
history
politics
philosophy
The King's Two Bodies: A Study in Mediaeval Political Theology
Ernst H. Kantorowicz - 1957
In The King's Two Bodies, Kantorowicz traces the historical problem posed by the King's two bodies--the body politic and the body natural--back to the Middle Ages and demonstrates, by placing the concept in its proper setting of medieval thought and political theory, how the early-modern Western monarchies gradually began to develop a political theology.?The king's natural body has physical attributes, suffers, and dies, naturally, as do all humans; but the king's other body, the spiritual body, transcends the earthly and serves as a symbol of his office as majesty with the divine right to rule. The notion of the two bodies allowed for the continuity of monarchy even when the monarch died, as summed up in the formulation The king is dead. Long live the king.Bringing together liturgical works, images, and polemical material, The King's Two Bodies explores the long Christian past behind this political theology. It provides a subtle history of how commonwealths developed symbolic means for establishing their sovereignty and, with such means, began to establish early forms of the nation-state.Kantorowicz fled Nazi Germany in 1938, after refusing to sign a Nazi loyalty oath, and settled in the United States. While teaching at the University of California, Berkeley, he once again refused to sign an oath of allegiance, this one designed to identify Communist Party sympathizers. He was dismissed as a result of the controversy and moved to the Institute for Advanced Study in Princeton, where he remained for the rest of his life, and where he wrote The King's Two Bodies.
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
The Pursuit of the Millennium: Revolutionary Millenarians and Mystical Anarchists of the Middle Ages
Norman Cohn - 1957
At the dawn of the 21st millennium the world is still experiencing these anxieties, as seen by the onslaught of fantasies of renewal, doomsday predictions, and New Age prophecies.This fascinating book explores the millenarianism that flourished in western Europe between the eleventh and sixteenth centuries. Covering the full range of revolutionary and anarchic sects and movements in medieval Europe, Cohn demonstrates how prophecies of a final struggle between the hosts of Christ and Antichrist melded with the rootless poor's desire to improve their own material conditions, resulting in a flourishing of millenarian fantasies. The only overall study of medieval millenarian movements, The Pursuit of the Millennium offers an excellent interpretation of how, again and again, in situations of anxiety and unrest, traditional beliefs come to serve as vehicles for social aspirations and animosities.
The Civilizing Process
Norbert Elias - 1939
The Civilizing Process stands out as Norbert Elias' greatest work, tracing the civilizing of manners and personality in Western Europe since the late Middle Ages by demonstrating how the formation of states and the monopolization of power within them changed Western society forever.
The Civilization of the Middle Ages
Norman F. Cantor - 1963
Now revised and expanded, this edition of the splendidly detailed and lively history of the Middle Ages contains more than 30 percent new material.
Magna Carta: The Birth of Liberty
Dan Jones - 2015
Its principles can be found in our Bill of Rights and in the Constitution. But what was this strange document that dwells on tax relief and greater fishing rights, and how did it gain legendary status?Dan Jones takes us back to 1215, the turbulent year when the Magna Carta was just a peace treaty between England’s King John and a group of self-interested, violent barons who were tired of his high taxes and endless foreign wars. The treaty would fail within two months of its confirmation. But this important document marked the first time a king was forced to obey his own laws. Jones’s 1215 follows the story of the Magna Carta’s creation, its failure, and the war that subsequently engulfed England and is book that will appeal to fans of microhistories of pivotal years like 1066, 1491, and especially 1776—when American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king.
Taking Rights Seriously
Ronald Dworkin - 1977
Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
The Protestant Ethic and the Spirit of Capitalism
Max Weber - 1904
In this brilliant study (his best-known and most controversial), he opposes the Marxist concept of dialectical materialism and its view that change takes place through "the struggle of opposites." Instead, he relates the rise of a capitalist economy to the Puritan determination to work out anxiety over salvation or damnation by performing good deeds — an effort that ultimately discouraged belief in predestination and encouraged capitalism. Weber's classic study has long been required reading in college and advanced high school social studies classrooms.
The Waning of the Middle Ages
Johan Huizinga - 1919
A brilliantly creative work that established the reputation of Dutch historian John Huizinga (1872-1945), the book argues that the era of diminishing chivalry reflected the spirit of an age and that its figures and events were neither a prelude to the Renaissance nor harbingers of a coming culture, but a consummation of the old.Among other topics, the author examines the violent tenor of medieval life, the idea of chivalry, the conventions of love, religious life, the vision of death, the symbolism that pervaded medieval life, and aesthetic sentiment. We view the late Middle Ages through the psychology and thought of artists, theologians, poets, court chroniclers, princes, and statesmen of the period, witnessing the splendor and simplicity of medieval life, its courtesy and cruelty, its idyllic vision of life, despair and mysticism, religious, artistic, and practical life, and much more.Long regarded as a landmark of historical scholarship, The Waning of the Middle Ages is also a remarkable work of literature. Of its author, the New York Times said, "Professor Huizinga has dressed his imposing and variegated assemblage of facts in the colorful garments characteristic of novels, and he parades them from his first page to the last in a vivid style."An international success following its original publication in 1919 and subsequently translated into several languages, The Waning of the Middle Ages will not only serve as an invaluable reference for students and scholars of medieval history but will also appeal to general readers and anyone fascinated by life during the Middle Ages.
Propaganda and the Public Mind
Noam Chomsky - 1998
Whether discussing the recent U.S. military escalation in Colombia, the bipartisan rollback of Social Security, the rise of for-profit HMOs, or growing inequality worldwide, Chomsky shows how ordinary citizens, if they work together, have the power to make meaningful change.Renowned interviewer David Barsamian showcases his unique access to Chomsky's thinking on a number of topics of contemporary and historical import. In an interview conducted after the important November 1999 "Battle in Seattle", Chomsky discusses prospects for building a movement to challenge corporate domination of the media, the environment, and even our private lives. Chomsky also engages in a discussion of his ideas on language and mind, making his important linguistic insights accessible to the lay reader.
The Spirit of the Laws
Montesquieu - 1748
This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.
Coercion, Capital, and European States, A.D. 990-1992
Charles Tilly - 1990
Specifically, Tilly charges that most available explanations fail because they do not account for the great variety of kinds of states which were viable at different stages of European history, and because they assume a unilinear path of state development resolving in today's national state.
Political Theology: Four Chapters on the Concept of Sovereignty
Carl Schmitt - 1922
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.
Natural Right and History
Leo Strauss - 1953
On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever."Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science ReviewLeo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.
God's Philosophers: How the Medieval World Laid the Foundations of Modern Science
James Hannam - 2009
The adjective 'medieval' has become a synonym for brutality and uncivilized behavior. Yet without the work of medieval scholars there could have been no Galileo, no Newton and no Scientific Revolution. In God's Philosophers, James Hannam debunks many of the myths about the Middle Ages, showing that medieval people did not think the earth is flat, nor did Columbus 'prove' that it is a sphere; the Inquisition burnt nobody for their science nor was Copernicus afraid of persecution; no Pope tried to ban human dissection or the number zero. God's Philosophers is a celebration of the forgotten scientific achievements of the Middle Ages - advances which were often made thanks to, rather than in spite of, the influence of Christianity and Islam. Decisive progress was also made in technology: spectacles and the mechanical clock, for instance, were both invented in thirteenth-century Europe. Charting an epic journey through six centuries of history, God's Philosophers brings back to light the discoveries of neglected geniuses like John Buridan, Nicole Oresme and Thomas Bradwardine, as well as putting into context the contributions of more familiar figures like Roger Bacon, William of Ockham and Saint Thomas Aquinas.