Book picks similar to
Legalism: Law, Morals, and Political Trials by Judith N. Shklar


law
ethics
political-philosophy
human-rights-transitional-justice

How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart


Jamal Greene - 2021
    . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun.   Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them.   As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.

Open Borders: The Science and Ethics of Immigration


Bryan Caplan - 2019
    Those in favor of welcoming more immigrants often cite humanitarian reasons, while those in favor of more restrictive laws argue the need to protect native citizens.But economist Bryan Caplan adds a new, compelling perspective to the immigration debate: He argues that opening all borders could eliminate absolute poverty worldwide and usher in a booming worldwide economy—greatly benefiting humanity.With a clear and conversational tone, exhaustive research, and vibrant illustrations by Zach Weinersmith, Open Borders makes the case for unrestricted immigration easy to follow and hard to deny.

Living Inspired


Akiva Tatz - 1993
    Living Inspired Akiva Tatz Ever wondered why there is no parking on Golders Green Road on Wednesday nights? Because Wednesday night is Coffee Lounge and Deluxe Desserts with..

The Declaration of Independence: A Study in the History of Political Ideas


Carl Lotus Becker - 1942
    Becker's important study is an analysis of the concepts expressed in the Declaration. Here is a lucid explanation of what the Declaration really is, what views it sets forth, where those views arose, and how they have been accepted or modified by succeeding generations. A book that every American should read.

Moral Courage


Rushworth Kidder - 2005
    Enron, Arthur Andersen, the U.S. Olympic Committee, abusive priests, cheating students, domestic violence -- all these remind us that taking ethical stands should be a higher priority in our culture. Why, when people discern wrongdoing, are they sometimes unready, unable, or unwilling to act?In a book rich with examples, Rushworth Kidder reveals that moral courage is the bridge between talking ethics and doing ethics. Defining it as a readiness to endure danger for the sake of principle, he explains that the courage to act is found at the intersection of three elements: action based on core values, awareness of the risks, and a willingness to endure necessary hardship. By exploring how moral courage spurs us to strive for core values, he demonstrates the benefits of ethical action to the individual and to society -- and the severe consequences that can result from remaining morally dormant.Moral Courage puts indispensable concepts and tools into our hands, equipping us to respond to the increasingly complicated moral challenges we face at work, at home, and in our communities. It enables us to make clear, confident decisions by exploring some litmus-test questions:Is the benefit worth the risk?Am I motivated by my desire to uphold my beliefs or just to impose them on others?Will my actions create collateral damage among those with no stake in the outcome? While physical courage may no longer be a necessary survival skill or an essential rite of passage out of childhood, few would dispute the growing need for moral courage as the true gauge of maturity. Treating this subject not as an esoteric branch of philosophy but as a practical necessity for modern life, Kidder deftly leads us to a clear understanding of what moral courage is, what it does, and how to get it.

Letters to a Law Student: A guide to studying law at university


Nicholas J McBride - 2017
    

A Lawyer's Life


Johnnie Cochran - 2002
    In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America's best - and most controversial lawyers - for leading 'the Dream Team' defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story.Cochran emerged from the trial as one of the nation's leading African-American spokespersons - and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean "P. Diddy" Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines - and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they've read his whole story.Drawing on Cochran's most intriguing and difficult cases, A Lawyer's Life shows how he's fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer's attempt to make us all truly equal in the eyes of the law.

Libertarianism: A Primer


David Boaz - 1997
    In 1995 a Gallup poll found that 52 percent of Americans said "the federal government has become so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens." Later that year, The Wall Street Journal concurred, saying: "Because of their growing disdain for government, more and more Americans appear to be drifting—often unwittingly—toward a libertarian philosophy." Libertarianism is hardly new, but its framework for liberty under law and economic progress makes it especially suited for the dynamic new era we are now entering. In the United States, the bureaucratic leviathan is newly threatened by a resurgence of the libertarian ideas upon which the country was founded. We are witnessing a breakdown of all the cherished beliefs of the welfare-warfare state. Americans have seen the failure of big government. Now, in the 1990s, we are ready to apply the lessons of this century to make the next one the century not of the state but of the free individual. David Boaz presents the essential guidebook to the libertarian perspective, detailing its roots, central tenets, solutions to contemporary policy dilemmas, and future in American politics. He confronts head-on the tough questions frequently posed to libertarians: What about inequality? Who protects the environment? What ties people together if they are essentially self-interested? A concluding section, "Are You a Libertarian?" gives readers a chance to explore the substance of their own beliefs. Libertarianism is must reading for understanding one of the most exciting and hopeful movements of our time.

On Faith: Lessons from an American Believer


Antonin Scalia - 2019
    Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice. Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.

The Canadian Constitution


Adam Dodek - 2013
    The Canadian Constitution makes Canada’s Constitution readily accessible to readers for the first time. It includes the complete text of the Constitution Acts of 1867 and 1982 as well as a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution also explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases.Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution as well as fascinating facts about the Supreme Court and the Constitution that have never been published before. This book is a great primer for those coming to Canada’s Constitution for the first time as well as a useful reference work for students and scholars.

Restoring the Lost Constitution: The Presumption of Liberty


Randy E. Barnett - 2003
    Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

The Constitution: A Heavenly Banner


Ezra Taft Benson - 1986
    Book by Ezra Taft Benson

Theonomy in Christian Ethics


Greg L. Bahnsen - 1977
    It also teaches that since the fall it has always been unlawful to use the law of God in hopes of establishing one's own personal merit and justification. Commitment to obedience is but the lifestyle of faith, a token of gratitude for God's redeeming grace. Jesus said, "if you love Me, you will keep My commandments" (John 14:15). Moreover, we will strive to teach others to observe whatever He has commanded us (Mart. 28:18-20). Such healthy and necessary moral standards are surely not burdensome to the believer who bows to Christ as the Lord (1 John 5:3).Theonomy views God's laws directing moral behavior to be a reflection of His unchanging character; such laws are not arbitrary, but objectively, universally, and absolutely binding. It is God's law that "you are to be holy because I am holy" (1 Peter 1:16, citing Leviticus). The law may not be criticized or challenged by us. It is "holy, righteous and good" (Rom. 7:12). This moral law was revealed to Israel in oracles and ordinances, but even the Gentiles show the work of the law upon their hearts and know its ordinances from the natural order and inward conscience (Rom. 1:32; 2:14-15). Who, then, is under the authority of God's law? Paul answers "all the world" (Rom. 3:19).The law revealed by Moses and subsequent Old Testament authors was given within a covenantal administration of God's grace which included not only moral instruction, but gloriously and mercifully "promises, prophecies, sacrifices, circumcision, the paschal lamb, and other types and ordinances delivered to the people of the Jews, all foresignifying Christ to come" (Westminster Confession of Faith VII.5). God's revelation itself teaches us that New Covenant believers, who have the law powerfully written on their hearts, no longer follow the foreshadows and administrative details of the old covenant. They are obsolete (Heb. 8:13), having been imposed only until the time when the Messiah would come (Heb. 9:10; Col. 2:17). Theonomy teaches, then, that in regard to the Old Testament law, the New Covenant surpasses the Old Covenant in glory, power, and finality.Theonomy also teaches that civil rulers are morally obligated to enforce those laws of Christ, found throughout the Scriptures, which are addressed to magistrates (as well as to refrain from coercion in areas where God has not prescribed their intervention). As Paul wrote in Romans 13:1-10, magistrates—even the secular rulers of Rome—are obligated to conduct their offices as "ministers of God," avenging God's wrath against criminal evil-doers. They will give an account on the Final Day of their service before the King of kings, their Creator and Judge.

The Private Production of Defense


Hans-Hermann Hoppe - 2009
    He argues that the service is better provided by free markets than government, while addressing a hundred counter-arguments. Here we have an important updating of an argument rarely made even in the libertarian tradition. [Description taken from Mises.org]

For a New Liberty: The Libertarian Manifesto


Murray N. Rothbard - 1973
    Rothbard begins with a quick overview of its historical roots, and then goes on to define libertarianism as resting "upon one single axiom: that no man or group of men shall aggress upon the person or property of anyone else." He writes a withering critique of the chief violator of liberty: the State. Rothbard then provides penetrating libertarian solutions for many of today's most pressing problems, including poverty, war, threats to civil liberties, the education crisis, and more.