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 Strange Alchemy of Life and Law


Albie Sachs - 2009
    As a result he was detained in solitary confinement, tortured by sleep deprivation and eventually blown up by a car bomb which cost him his right arm and the sight of an eye. His experiences provoked an outpouring of creative thought on the role of law as a protector of human dignity in the modern world, and a lifelong commitment to seeing a new era of justice established in South Africa.After playing an important part in drafting South Africa's post-apartheid Constitution, he was appointed by Nelson Mandela to be a member of the country's first Constitutional Court. Over the course of his fifteen year term on the Court he has grappled with the major issues confronting modern South Africa, and the challenges posed to the fledgling democracy as it sought to overcome the injustices of the apartheid regime.As his term on the Court approaches its end, Sachs here conveys in intimate fashion what it has been like to be a judge in these unique circumstances, how his extraordinary life has influenced his approach to the cases before him, and his views on the nature of justice and its achievement through law.The book provides unique access to an insider's perspective on modern South Africa, and a rare glimpse into the working of a judicial mind. By juxtaposing life experiences and extracts from judgments, Sachs enables the reader to see the complex and surprising ways in which legal culture transforms subjective experience into objectively reasoned decisions. With rare candour he tells of the difficulties he has when preparing a judgment, of how every judgment is a lie. Rejecting purely formal notions of the judicial role he shows how both reason and passion (concern for protecting human dignity) are required for law to work in the service of justice.

Marx: A Very Short Introduction


Peter Singer - 1980
    He sees him as a philosopher primarily concerned with human freedom, rather than as an economist or a social scientist. In plain English, he explains alienation, historical materialism, the economic theory of Capital, and Marx's ideas of communism, and concludes with an assessment of Marx's legacy.About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Leviathan


Thomas Hobbes - 1651
    But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world.

Contracts: Examples & Explanations


Brian A. Blum - 1998
    To give your students a full understanding of challenging concepts, require or recommend CONTRACTS: Examples and Explanations, Third Edition for your next course.

What About Law: Studying Law at University


Catherine Barnard - 2007
    The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.

The Metaphysical Club


Louis Menand - 2001
    Its members included Oliver Wendell Holmes, Jr, founder of modern jurisprudence; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist and the founder of semiotics. The club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea - an idea about ideas. This book is the story of that idea. Holmes, James and Peirce all believed that ideas are not things out there waiting to be discovered but are tools people invent - like knives and forks and microchips - to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals - that ideas are social. They do not develop according to some inner logic of their own but are entirely dependent - like germs - on their human carriers and environment. They also thought that the survival of any idea depends not on its immutability but on its adaptability.

Manual of Style for Contract Drafting


Kenneth A. Adams - 2008
    Adams has created a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract l ... Available here:readbux.com/download?i=1634259645A Manual of Style for Contract Drafting PDF by Kenneth A. AdamsRead A Manual of Style for Contract Drafting PDF from American Bar Association,Kenneth A. AdamsDownload Kenneth A. Adams’s PDF E-book A Manual of Style for Contract Drafting

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.

The Politics of Jesus


John Howard Yoder - 1972
    But such a picture of Jesus is far from accurate, according to John Howard Yoder. This watershed work in New Testament ethics leads us to a Savior who was deeply concerned with the agenda of politics and the related issues of power, status, and right relations. By canvassing Luke's Gospel, Yoder argues convincingly that the true impact of Jesus' life and ministry on his disciples' social behavior points to a specific kind of Christian pacifism in which "the cross of Christ is the model of Christian social efficacy." This second edition of The Politics of Jesus provides up-to-date interaction with recent publications that touch on Yoder's timely topic. Following most of the chapters are new "epilogues" summarizing research conducted during the last two decades - research that continues to support the outstanding insights set forth in Yoder's original work.

The Problem of Knowledge


A.J. Ayer - 1956
    In considering all the main philosophical issues involved -- how we know that something is a fact, that our senses and memory don't deceive us, that other people are conscious in the same way that we are -- he throws a clear light on the nature of our fundamental beliefs and provides an outstanding example of the philosophical mind at work.

The Social Contract and Discourses


Jean-Jacques Rousseau - 1762
    Self-serving monarchic social systems, which collectively reduced common people to servitude, were now attacked by Enlightenment philosophers, of whom Rouseau was a leading light.His masterpiece, The Social Contract, profoundly influenced the subsequent development of society and remains provocative in a modern age of continuing widespread vested interest. This is the most comprehensive paperback edition available, with introduction, notes, index and chronology of Rousseau's life and times.

God, Freedom, and Evil


Alvin Plantinga - 1973
    Accessible to serious general readers.

The Anti-Federalist Papers and the Constitutional Convention Debates


Ralph Louis Ketcham - 1986
     Edited and introduced by Ralph Ketcham.

In Defense of Anarchism


Robert Paul Wolff - 1970
    He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.