Book picks similar to
The Morality of Law by Lon L. Fuller
law
philosophy
non-fiction
jurisprudence
Law, Legislation and Liberty, Volume 1: Rules and Order
Friedrich A. Hayek - 1973
A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Trials of the State: Law and the Decline of Politics
Jonathan Sumption - 2019
In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges?Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Karl Popper
Bryan Magee - 1973
This work demonstrates Popper's importance across the whole range of philosophy and provides an introduction to the main themes of philosophy itself.
Radical Reform: Islamic Ethics and Liberation
Tariq Ramadan - 2001
In this new book, Ramadan addresses Muslim societies and communities everywhere witha bold call for radical reform. He challenges those who argue defensively that reform is a dangerous and foreign deviation, and a betrayal of the faith. Authentic reform, he says, has always been grounded in Islam's textual sources, spiritual objectives, and intellectual traditions. But thereformist movements that are based on renewed reading of textual sources while using traditional methodologies and categories have achieved only adaptive responses to the crisis facing a globalizing world. Such readings, Ramadan argues, have reached the limits of their usefulness.Ramadan calls for a radical reform that goes beyond adaptation to envision bold and creative solutions to transform the present and the future of our societies. This new approach interrogates the historically established sources, categories, higher objectives, tools, and methodologies of Islamic lawand jurisprudence, and the authority this traditional geography of knowledge has granted to textual scholars. He proposes a new geography which redefines the sources and the spiritual and ethical objectives of the law creating room for the authority of scholars of the social and hard sciences. Thiswill equip this transformative reform with the spiritual, ethical, social and scientific knowledge necessary to address contemporary challenges. Ramadan argues that radical reform demands not only the equal contributions of scholars of both the text and the context, but the critical engagement andcreative imagination of the Muslim masses. This proposal for radical reform dramatically shifts the center of gravity of authority. It is bound to provoke controversy and spark debate among Muslims and non-Muslims alike.
The Political Theory of Possessive Individualism: Hobbes to Locke
Crawford Brough Macpherson - 1964
Macpherson was first published by the Clarendon Press in 1962, and remains of key importance to the study of liberal-democratic theory half-a-century later. In it, Macpherson argues that the chief difficulty of the notion of individualism that underpins classical liberalism lies in what he calls its "possessive quality"--"its conception of the individual as essentially the proprietor of his own person or capacities, owing nothing to society for them." Under such a conception, the essence of humanity becomes freedom from dependence on the wills of others; society is little more than a system of economic relations; and political society becomes a means of safeguarding private property and the system of economic relations rooted in property.As the New Statesman declared: "It is rare for a book to change the intellectual landscape. It is even more unusual for this to happen when the subject is one that has been thoroughly investigated by generations of historians. . . Until the appearance of Professor Macpherson's book, it seemed unlikely that anything radically new could be said about so well-worn a topic. The unexpected has happened, and the shock waves are still being absorbed."A new introduction by Frank Cunningham puts the work in a twenty-first-century context.
The Bramble Bush: The Classic Lectures on the Law and Law School
Karl N. Llewellyn - 1953
That book is The Bramble Bush. After all these years and many imitators, The Bramble Bush remains one of the most popular introductions to the law and its study.Llewellyn introduces students to what the law is, how to read cases, how to prepare for class, and how justice in the real world relates to the law. Although laws change every year, disputes between people haven't altered all that much since Llewellyn first penned The Bramble Bush, and the processof moving from private dispute to legal conflict still follows the patterns he described.Moreover, the steps of a legal dispute, from arguments to verdict, to opinion, to review, to appeal, to opinion have changed little in their significance or their substance. Cases are still the best tools for exploring the interaction of the law with individual questions, and the essence of what lawstudents must learn to do has persisted. If anything, many of the points Llewellyn argued in these lectures were on the dawning horizon then but are in their mid-day fullness now.
Rogues: Two Essays on Reason
Jacques Derrida - 2003
The term "État voyou" is the French equivalent of "rogue state," and it is this outlaw designation of certain countries by the leading global powers that Derrida rigorously and exhaustively examines.Derrida examines the history of the concept of sovereignty, engaging with the work of Bodin, Hobbes, Rousseau, Schmitt, and others. Against this background, he delineates his understanding of "democracy to come," which he distinguishes clearly from any kind of regulating ideal or teleological horizon. The idea that democracy will always remain in the future is not a temporal notion. Rather, the phrase would name the coming of the unforeseeable other, the structure of an event beyond calculation and program. Derrida thus aligns this understanding of democracy with the logic he has worked out elsewhere. But it is not just political philosophy that is brought under deconstructive scrutiny here: Derrida provides unflinching and hard-hitting assessments of current political realities, and these essays are highly engaged with events of the post-9/11 world.
The Limits of State Action
Wilhelm von Humboldt - 1851
. . unfolded in these pages directly converges, is the absolute and essential importance of human development in its richest diversity.This description by Wilhelm von Humboldt of his purpose in writing
The Limits of State Action
animates John Stuart Mill's On Liberty and serves as its famous epigraph. Seldom has a book spoken so dramatically to another writer. Many commentators even believe that Humboldt's discussion of issues of freedom and individual responsibility possesses greater clarity and directness than Mill's.
The Limits of State Action,
by "Germany's greatest philosopher of freedom," as F. A. Hayek called him, has an exuberance and attention to principle that make it a valuable introduction to classical liberal political thought. It is also crucial for an understanding of liberalism as it developed in Europe at the turn of the nineteenth century. Humboldt explores the role that liberty plays in individual development, discusses criteria for permitting the state to limit individual actions, and suggests ways of confining the state to its proper bounds. In so doing, he uniquely combines the ancient concern for human excellence and the modern concern for what has come to be known as negative liberty.J. W. Burrow is Professor of History at the University of Sussex.
Confident Pluralism: Surviving and Thriving through Deep Difference
John D. Inazu - 2016
This fissure is evident across the nation in conflict over LGBTQ rights; in challenges to religious liberty; in clashes over abortion; in tensions between law enforcement and minority communities. With all of this physical and emotional violence enacted by our legal system and such seemingly irresolvable differences in beliefs, values, and identities across the country, we are forced to ask—how can the people of this nation ever live in peace together? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—live together peaceably in the future despite these deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties, and minority viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but he also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. An essential clarion call during one of the most troubled times in US history, Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and inherent right to differ and shows how we can build towards a healthier future of tolerance, patience, and empathy.
Llewellyn's 2018 Witches' Datebook
Susan PeszneckerDoreen Shababy - 2017
Featuring beautiful illustrations from award-winning artist Kathleen Edwards, a variety of ways to celebrate the Wheel of the Year, and powerful wisdom from practicing witches, this indispensable, on-the-go tool will make your days more magical.
Principles of Public International Law
Ian Brownlie - 1980
A new chapter on the Use of Force has been added and further discussion of the Environment. Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.
Speeches and Writings 1859–1865
Abraham Lincoln - 1989
His addresses at Gettysburg and at his inaugurals, his presidential messages and public lectures, are an essential record of the war and have forever shaped the nation’s memories of it. This Library of America volume collects writings from 1859 to 1865 and contains 555 speeches, messages, proclamations, letters, memoranda, and fragments. They record the words and deeds—the order to resupply Fort Sumter, the emancipation of the slaves held in the Confederacy, and proposals to offer the South generous terms of reconstruction—by which he hoped to defend and preserve the Union.The speeches and letters Lincoln wrote in 1859 and 1860 show his unyielding opposition to the spread of slavery and his canny appraisals of the upcoming election in which he was to win the presidency. His victory triggered the secession that he would oppose in his First Inaugural, with its appeal to logic, history, and “the better angels of our nature.”Lincoln’s wartime writings record the nearly overwhelming burdens of office during a fratricidal war, and the added burden of self-seeking Cabinet members, military cliques, and a bitter political opposition. He was savagely criticized both for being too harsh and for being too mild. He ordered the blockade of ports, suspended habeas corpus, jailed dissenters, and applauded Sherman’s devastating march to the sea; at the same time he granted clemency to individual Union deserters and releases to Confederate prisoners. “I expect to maintain this contest until successful,” he declared, and toward that end he was prepared, not without his characteristic drolleries, to suffer the paradoxes of leadership in a nation at war with itself. His writings here include pleas to his own party to spare him their patronage feuds and to generals that they act more resolutely in the field. The struggles that taxed his physical endurance also tempered his prose style, as evidenced in the nobility of his state papers, his sparse words at Gettysburg, and his poignant letter to Mrs. Bixby, consoling her for the deaths of her sons in battle.In a message to Congress in December 1862, Lincoln wrote of the fiery trial through which the nation was passing: “We shall nobly save, or meanly lose, the last best, hope of earth.” By 1865, he was ready to offer the nation his view of the Almighty’s purposes and did so in his Second Inaugural Address with a beauty, clarity, and severity unsurpassed in American letters. Soon after, he fell to an assassin’s bullet, joining six hundred thousand of his countrymen killed in the war. He became part of what he called “the cherished memory of the loved and lost,” all those who had died that “this nation, under God, shall have a new birth of freedom.”
Libertarian Anarchy: Against the State
Gerard Casey - 2012
The state is considered necessary for the provision of many things, but primarily for peace and security. In this provocative book, Gerard Casey argues that social order can be spontaneously generated, that such spontaneous order is the norm in human society and that deviations from the ordered norms can be dealt with without recourse to the coercive power of the state.Casey presents a novel perspective on political philosophy, arguing against the conventional political philosophy pieties and defending a specific political position, which he identifies as 'libertarian anarchy'. The book includes a history of the concept of anarchy, an examination of the possibility of anarchic societies and an articulation ofthe nature of law and order within such societies. Casey presents his specific form of anarchy, undergirded by a theory of human action that prioritises liberty, as a philosophically and politically viable alternative to the standard positions in political theory."
Storming the Court: How a Band of Yale Law Students Sued the President--And Won
Brandt Goldstein - 2005
"Storming the Court" takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantanamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, "Storming the Court" follows the students from the classrooms at Yale to the prison camp at Guantanamo to the federal courts in NewYork and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.At a time when the treatment of post-9/11 Guantanamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, "Storming the Court" is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.
The Universe in a Single Atom: The Convergence of Science and Spirituality
Dalai Lama XIV - 2005
Their insights shook our perception of who we are and where we stand in the world, and in their wake have left an uneasy coexistence: science vs. religion, faith vs. empirical inquiry. Which is the keeper of truth? Which is the true path to understanding reality?After forty years of study with some of the greatest scientific minds, as well as a lifetime of meditative, spiritual, and philosophic study, the Dalai Lama presents a brilliant analysis of why all avenues of inquiry—scientific as well as spiritual—must be pursued in order to arrive at a complete picture of the truth. Through an examination of Darwinism and karma, quantum mechanics and philosophical insight into the nature of reality, neurobiology and the study of consciousness, the Dalai Lama draws significant parallels between contemplative and scientific examinations of reality.This breathtakingly personal examination is a tribute to the Dalai Lama’s teachers—both of science and spirituality. The legacy of this book is a vision of the world in which our different approaches to understanding ourselves, our universe, and one another can be brought together in the service of humanity.