Democracy and Distrust: A Theory of Judicial Review


John Hart Ely - 1980
    Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Anarchy, State, and Utopia


Robert Nozick - 1974
    National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the U.K. Times Literary Supplement.

Infinitely Demanding: Ethics of Commitment, Politics of Resistance


Simon Critchley - 2007
    Part diagnosis of the times, part theoretical analysis of the impasses and possibilities of ethics and politics, part manifesto Infinitely Demandind identifies a massive political disappointment at the heart of liberal democracy and argues that what is called for is an ethics of commitment thatn can inform a radical politics. exploring the problem of ethics in Kant, Levinas, Badiou and Lacan that leads to a conception of subjectivity based on the infinite responsibility of an ethical demand, Critchley considers the possibility of political subjectivity and action after Marx and Marxism. Infinitely Demanding culminates in an argument for anarchism as an ethical practice and a renovating means of political organization.

Philosophy and Real Politics


Raymond Geuss - 2008
    But in Philosophy and Real Politics, Raymond Geuss argues that philosophers should first try to understand why real political actors behave as they actually do. Far from being applied ethics, politics is a skill that allows people to survive and pursue their goals. To understand politics is to understand the powers, motives, and concepts that people have and that shape how they deal with the problems they face in their particular historical situations. Philosophy and Real Politics both outlines a historically oriented, realistic political philosophy and criticizes liberal political philosophies based on abstract conceptions of rights and justice. The book is a trenchant critique of established ways of thought and a provocative call for change.

The Morality of Law


Lon L. Fuller - 1965
    Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor.                                                                                                                                                                                   In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression.                                                                                                                                                                                                                           “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice

Philosophy and the Mirror of Nature


Richard Rorty - 1979
    Richard Rorty, a Princeton professor who had contributed to the analytic tradition in philosophy, was now attempting to shrug off all the central problems with which it had long been preoccupied. After publication, the Press was barely able to keep up with demand, and the book has since gone on to become one of its all-time best-sellers in philosophy. Rorty argued that, beginning in the seventeenth century, philosophers developed an unhealthy obsession with the notion of representation. They compared the mind to a mirror that reflects reality. In their view, knowledge is concerned with the accuracy of these reflections, and the strategy employed to obtain this knowledge--that of inspecting, repairing, and polishing the mirror--belongs to philosophy. Rorty's book was a powerful critique of this imagery and the tradition of thought that it spawned. He argued that the questions about truth posed by Descartes, Kant, Hegel, and modern epistemologists and philosophers of language simply couldn't be answered and were, in any case, irrelevant to serious social and cultural inquiry. This stance provoked a barrage of criticism, but whatever the strengths of Rorty's specific claims, the book had a therapeutic effect on philosophy. It reenergized pragmatism as an intellectual force, steered philosophy back to its roots in the humanities, and helped to make alternatives to analytic philosophy a serious choice for young graduate students. Twenty-five years later, the book remains a must-read for anyone seriously concerned about the nature of philosophical inquiry and what philosophers can and cannot do to help us understand and improve the world.

The Ethics of Redistribution


Bertrand De Jouvenel - 1951
    Rather, he stresses the commonly disregarded ethical arguments showing that redistribution is ethically indefensible for, and practically unworkable in, a complex society.A new introduction relates Jouvenel's arguments to current discussions about the redistributionist state and draws out many of the points of affinity with the works of Buchanan, Hayek, Rawls, and others.

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.

I Told You So: Gore Vidal Talks Politics


Gore Vidal - 2012
    But Vidal was also a terrific conversationalist; indeed Dick Cavett once described him as “the best talker since Oscar Wilde.” Vidal was never more eloquent, or caustic, than when let loose on his favorite topic: the history and politics of the United States.This book is made up from four interviews conducted with his long-time interlocutor, the writer and radio host Jon Wiener, in which Vidal grapples with matters evidently close to his heart: the history of the American Empire, the rise of the National Security State, and his own life in politics, both as a commentator and candidate.The interviews cover a twenty-year span, from 1988 to 2008, when Vidal was at the height of his powers. His extraordinary facility for developing an argument, tracing connections between past and present, and drawing on an encyclopedic knowledge of America’s place in the world, are all on full display. And, of course, it being Gore Vidal, an ample sprinkling of gloriously acerbic one-liners is also provided.

Liberty in the Age of Terror: A Defence of Civil Liberties and Enlightenment Values


A.C. Grayling - 2009
    Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.'In this lucid and timely book, Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.

Free Market Fairness


John Tomasi - 2012
    Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style.Provocative and vigorously argued, "Free Market Fairness" offers a bold new way of thinking about politics, economics, and justice--one that will challenge readers on both the left and right.

Spinoza and Politics


Étienne Balibar - 1985
    In this revised and augmented English translation of his 1985 classic, Spinoza et la Politique, Etienne Balibar presents a synoptic account of Spinoza’s major works in relation to the political and historical conjuncture in which they were written. Balibar admirably demonstrates, through fine readings of the principal treatises, Spinoza’s relevance to contemporary political life.In successive chapters Balibar he examines the political situation in the United Provinces during Spinoza’s lifetime, Spinoza’s own religious and ideological associations, the concept of democracy developed in the Theologico-Political Treatise, the theory of the state advanced in the Political Treatise and the anthropological basis for politics established in the Ethics.Written with supreme clarity and engaging liveliness, this book will appeal to specialists and general audiences alike. It is certain to become the standard introductory work on Spinoza, an indispensable guide to the intricacies of this most vital of the seventeenth-century rationalists.

Political Emotions: Why Love Matters for Justice


Martha C. Nussbaum - 2013
    Her provocative theory of social change shows how a truly just society might be realized through the cultivation and studied liberation of emotions, specifically love. To that end, the book sparkles with Nussbaum’s characteristic literary analysis, drawing from both Western and South Asian sources, including a deep reading of public monuments. In one especially notable passage, Nussbaum artfully interprets Mozart’s The Marriage of Figaro, revealing it as a musical meditation on the emotionality of revolutionary politics and feminism. Such chapters are a culmination of her passion for seeing art and literature as philosophical texts, a theme in her writing that she profitably continues here. The elegance with which she negotiates this diverse material deserves special praise, as she expertly takes the reader through analyses of philosophy, opera, primatology, psychology, and poetry. In contrast to thinkers like John Rawls, who imagined an already just world, Nussbaum addresses how to order our society to reach such a world. A plea for recognizing the power of art, symbolism, and enchantment in public life, Nussbaum’s cornucopia of ideas effortlessly commands attention and debate. — Publishers Weekly

Liberty: Incorporating Four Essays on Liberty


Isaiah Berlin - 1969
    Writing in Harper's, Irving Howe described it as an exhilarating performance--this, one tells oneself, is what the life of the mind can be. Berlin's editor Henry Hardy has revised the text, incorporating a fifth essay that Berlin himself had wanted to include. He has also added further pieces that bear on the same topic, so that Berlin's principal statements on liberty are at last available together in one volume. Finally, in an extended preface and in appendices drawn from Berlin's unpublished writings, he exhibits some of the biographical sources of Berlin's lifelong preoccupation with liberalism. These additions help us to grasp the nature of Berlin's inner citadel, as he called it--the core of personal conviction from which some of his most influential writing sprung.

On Liberty


John Stuart Mill - 1859
    Mill's passionate advocacy of spontaneity, individuality, and diversity, along with his contempt for compulsory uniformity and the despotism of popular opinion, has attracted both admiration and condemnation.