Book picks similar to
Ancient Law by Henry James Sumner Maine
law
history
non-fiction
anthropology
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.
Korea: The Impossible Country
Daniel Tudor - 2012
Yet, in just fifty years it has transformed itself into an economic powerhouse and a democracy that can serve as a model for other countries. How was it able to do this, despite having been sapped by almost a half-century of colonial rule, ruined by war, partitioned and lacking a democratic tradition? Who are the Korean people, who achieved this second "Asian miracle"? And having accomplished it, what are their prospects now?Daniel Tudor is a journalist who has been living in and writing about Korea for almost a decade. He seeks the answers to these questions in Korean history, culture, and society and in interviews with experts, from business leaders to politicians, shamans, sports legends, poets, rock musicians, and academics. In five parts, he examines Korea's cultural foundations; the Korean character; the public sphere in politics, business, and the workplace as well as the family; life in the hours not spent working, including food, music, and cinema; and social issues that may be crucial to Korea's future, such as Koreans' interactions with outsiders. In doing so, he touches on topics as diverse as shamanism, clan-ism, the dilemma posed by North Korea (brother or enemy?), myths about doing business in Korea, and why the country's infatuation with learning English is causing huge social problems.South Korea has undergone two miracles at once: economic development and democratization. The question now is, will it become a rich yet aging society, devoid of momentum, as some see Japan? Or will the dynamism of Korean society and its willingness to change--as well as the opportunity it has now to welcome outsiders into its fold--enable it to experience a third miracle that will propel it into the ranks of the foremost countries in terms of human development, democracy, and wealth?
Reflections on Judging
Richard A. Posner - 2013
Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
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.
The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
The Essential Scalia: On the Constitution, the Courts, and the Rule of Law
Antonin Scalia - 2020
The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.
Criminal sociology
Enrico Ferri - 1884
You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.
The Decline of the West
Oswald Spengler - 1918
In all its various editions, it has sold nearly 100,000 copies. A twentieth-century Cassandra, Oswald Spengler thoroughly probed the origin and "fate" of our civilization, and the result can be (and has been) read as a prophesy of the Nazi regime. His challenging views have led to harsh criticism over the years, but the knowledge and eloquence that went into his sweeping study of Western culture have kept The Decline of the West alive. As the face of Germany and Europe as a whole continues to change each day, The Decline of the West cannot be ignored. The abridgment, prepared by the German scholar Helmut Werner, with the blessing of the Spengler estate, consists of selections from the original (translated into English by Charles Francis Atkinson) linked by explanatory passages which have been put into English by Arthur Helps. H. Stuart Hughes has written a new introduction for this edition. In this engrossing and highly controversial philosophy of history, Spengler describes how we have entered into a centuries-long "world-historical" phase comparable to late antiquity. Guided by the philosophies of Goethe and Nietzsche, he rejects linear progression, and instead presents a world view based on the cyclical rise and decline of civilizations. He argues that a culture blossoms from the soil of a definable landscape and dies when it has exhausted all of its possibilities. Despite Spengler's reputation today as an extreme pessimist, The Decline of the West remains essential reading for anyone interested in the history of civilization.
Free Speech: A Very Short Introduction
Nigel Warburton - 2009
Yet it is rare to find someone prepared to defend all freedom of speech, especially if the views expressed are obnoxious or obviously false. So where do we draw the line? How important is our right to freedom of speech? In this accessible and up-to-date Very Short Introduction, Nigel Warburton covers a wide range of controversial free-speech issues, from Holocaust denial and pornography to the status of modern copyright law. The book offers a concise guide to many of the vexing issues concerning our right to speak freely, including: Should a civilized society set limits on freedom of speech? How can we balance free speech with the sensitivities of religious and minority groups? How have digital technology and the Internet changed the debate?
Extraordinary Popular Delusions and the Madness of Crowds
Charles Mackay - 1841
This Harriman House edition includes Charles Mackay's account of the three infamous financial manias - John Law's Mississipi Scheme, the South Sea Bubble, and Tulipomania.Between the three of them, these historic episodes confirm that greed and fear have always been the driving forces of financial markets, and, furthermore, that being sensible and clever is no defence against the mesmeric allure of a popular craze with the wind behind it.In writing the history of the great financial manias, Charles Mackay proved himself a master chronicler of social as well as financial history. Blessed with a cast of characters that covered all the vices, gifted a passage of events which was inevitably heading for disaster, and with the benefit of hindsight, he produced a record that is at once a riveting thriller and absorbing historical document. A century and a half later, it is as vibrant and lurid as the day it was written.For modern-day investors, still reeling from the dotcom crash, the moral of the popular manias scarcely needs spelling out. When the next stock market bubble comes along, as it surely will, you are advised to recall the plight of some of the unfortunates on these pages, and avoid getting dragged under the wheels of the careering bandwagon yourself.
Europe and the People Without History
Eric R. Wolf - 1982
It asserts that anthropology must pay more attention to history.
Human Accomplishment: The Pursuit of Excellence in the Arts and Sciences, 800 B.C. to 1950
Charles Murray - 2004
Human Accomplishment is about those great things, falling in the domains known as the arts and sciences, and the people who did them.'So begins Charles Murray's unique account of human excellence, from the age of Homer to our own time. Employing techniques that historians have developed over the last century but that have rarely been applied to books written for the general public, Murray compiles inventories of the people who have been essential to the stories of literature, music, art, philosophy, and the sciences—a total of 4,002 men and women from around the world, ranked according to their eminence.The heart of Human Accomplishment is a series of enthralling descriptive chapters: on the giants in the arts and what sets them apart from the merely great; on the differences between great achievement in the arts and in the sciences; on the meta-inventions, 14 crucial leaps in human capacity to create great art and science; and on the patterns and trajectories of accomplishment across time and geography.Straightforwardly and undogmatically, Charles Murray takes on some controversial questions. Why has accomplishment been so concentrated in Europe? Among men? Since 1400? He presents evidence that the rate of great accomplishment has been declining in the last century, asks what it means, and offers a rich framework for thinking about the conditions under which the human spirit has expressed itself most gloriously. Eye-opening and humbling, Human Accomplishment is a fascinating work that describes what humans at their best can achieve, provides tools for exploring its wellsprings, and celebrates the continuing common quest of humans everywhere to discover truths, create beauty, and apprehend the good.
Demanding the Impossible: A History of Anarchism
Peter H. Marshall - 1992
Exploring key anarchist ideas of society and the state, freedom and equality, authority and power, the record investigates the successes and failures of anarchist movements throughout the world. Presenting a balanced and critical survey, the detailed document covers not only classic anarchist thinkers--such as Godwin, Proudhon, Bakunin, Kropotkin, Reclus, and Emma Goldman--but also other libertarian figures, such as Nietzsche, Camus, Gandhi, Foucault, and Chomsky. Essential reading for anyone wishing to understand what anarchists stand for and what they have achieved, this fascinating account also includes an epilogue that examines the most recent developments, including postanarchism and anarcho-primitivism as well as the anarchist contributions to the peace, green, and global justice movements of the 21st century.
Sapiens: A Brief History of Humankind
Yuval Noah Harari - 2011
Today there is just one. Us. Homo sapiens. How did our species succeed in the battle for dominance? Why did our foraging ancestors come together to create cities and kingdoms? How did we come to believe in gods, nations and human rights; to trust money, books and laws; and to be enslaved by bureaucracy, timetables and consumerism? And what will our world be like in the millennia to come? In Sapiens, Dr Yuval Noah Harari spans the whole of human history, from the very first humans to walk the earth to the radical – and sometimes devastating – breakthroughs of the Cognitive, Agricultural and Scientific Revolutions. Drawing on insights from biology, anthropology, paleontology and economics, he explores how the currents of history have shaped our human societies, the animals and plants around us, and even our personalities. Have we become happier as history has unfolded? Can we ever free our behaviour from the heritage of our ancestors? And what, if anything, can we do to influence the course of the centuries to come? Bold, wide-ranging and provocative, Sapiens challenges everything we thought we knew about being human: our thoughts, our actions, our power ... and our future.
The Ascent of Man
Jacob Bronowski - 1973
Bronowski's exciting, illustrated investigation offers a perspective not just on science, but on civilization itself. Lower than the angelsForewordThe harvest of the seasons The grain in the stoneThe hidden structure The music of the spheresThe starry messanger The majestic clockworkThe drive for power The ladder of creation World within world Knowledge or certainty Generation upon generationThe long childhoodBibliographyIndex