This comprehensive text presents a wide range of excerpts and opinions from the most significant Supreme Court cases and provides the contextual material students need to interpret their historical significance. The Sixth Edition adds material on dozens of important recent cases, current through June 2004, and features carefully updated and refined pedagogy.Author Biography: David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia, where he teaches the popular constitutional law course on which his book Constitutional Law and Politics (now in its Sixth Edition) is based. Professor O'Brien is a regular commentator on the Supreme Court's activities and rulings. He is the author of over fifteen books and regularly contributes op-ed pieces on the Court to the Los Angeles Times.

    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.

    Hence: Can Machiavelli, who makes the following observations, be Machiavellian as we understand the disparaging term? 1. So it is that to know the nature of a people, one need be a Prince; to know the nature of a Prince, one need to be of the people. 2. If a Prince is not given to vices that make him hated, it is unsusal for his subjects to show their affection for him. 3. Opportunity made Moses, Cyrus, Romulus, Theseus, and others; their virtue domi-nated the opportunity, making their homelands noble and happy. Armed prophets win; the disarmed lose. 4. Without faith and religion, man achieves power but not glory. 5. Prominent citizens want to command and oppress; the populace only wants to be free of oppression. 6. A Prince needs a friendly populace; otherwise in diversity there is no hope. 7. A Prince, who rules as a man of valor, avoids disasters, 8. Nations based on mercenary forces will never be solid or secure. 9. Mercenaries are dangerous because of their cowardice 10. There are two ways to fight: one with laws, the other with force. The first is rightly man’s way; the second, the way of beasts.

    It is both witness and tribute to the late theory of mind—the so-called structural theory, with its stress on aggression, indeed the death drive, as the pitiless adversary of eros.Civilization and Its Discontents is one of the last of Freud's books, written in the decade before his death and first published in German in 1929. In it he states his views on the broad question of man's place in the world, a place Freud defines in terms of ceaseless conflict between the individual's quest for freedom and society's demand for conformity.Freud's theme is that what works for civilization doesn't necessarily work for man. Man, by nature aggressive and egotistical, seeks self-satisfaction. But culture inhibits his instinctual drives. The result is a pervasive and familiar guilt.Of the various English translations of Freud's major works to appear in his lifetime, only one was authorized by Freud himself: The Standard Edition of the Complete Psychological Works of Sigmund Freud under the general editorship of James Strachey.Freud approved the overall editorial plan, specific renderings of key words and phrases, and the addition of valuable notes, from bibliographical and explanatory. Many of the translations were done by Strachey himself; the rest were prepared under his supervision. The result was to place the Standard Edition in a position of unquestioned supremacy over all other existing versions.

     Edited and introduced by Ralph Ketcham.

    Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.

    Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.

    And anyone with a more than cursory knowledge of history knows that there was once an entity called Christendom - a political society self-consciously in obeisance to a total Christian view of life.Here in one concise volume is St. Augustine's brilliant analysis of where faith and politics meet - casting a penetrating light on Roman civilization, the coming Middle Ages, ecclesiastical politics, and some of the most powerful ideas in the Western tradition, including Augustine's famous "just war theory" and his timeless ideas of how men should live in society. With the classic introduction by Henry Paolucci and an analysis by Dino Bigongiari.

    Nietzsche rewrites the former as a history of cruelty, exposing the central values of the Judaeo-Christian and liberal traditions - compassion, equality, justice - as the product of a brutal process of conditioning designed to domesticate the animal vitality of earlier cultures. The result is a book which raises profoundly disquieting issues about the violence of both ethics and interpretation. Nietzsche questions moral certainties by showing that religion and science have no claim to absolute truth, before turning on his own arguments in order to call their very presuppositions into question. The Genealogy is the most sustained of Nietzsche's later works and offers one of the fullest expressions of his characteristic concerns. This edition places his ideas within the cultural context of his own time and stresses the relevance of his work for a contemporary audience.

    Contained in this volume are the following essays: Civil Disobedience, Natural History of Massachusetts, A Walk to Wachusett, The Landlord, A Winter Walk, The Succession of Forest Trees, Walking, Autumnal Tints, Wild Apples, Night and Moonlight, Aulus Persius Flaccus, Herald of Freedom, Life Without Principle, Paradise (to be) Regained, A Plea for John Brown, The Last Days of John Brown, After the Death of John Brown, The Service, Slavery in Massachusetts, and Wendell Phillips Before Concord Lyceum.

    From the sinking of the Titanic to Hitchcock’s Rear Window, from the operas of Wagner to science fiction, from Alien to the Jewish joke, Zizek’s acute analyses explore the ideological fantasies of wholeness and exclusion that make up human society.Linking key psychoanalytical and philosophical concepts to social phenomena such as totalitarianism and racism, the book explores the political significance of these fantasies of control.

    A growing number of scholars and political activists have invoked the term to describe a variety of changing economic, political, cultural, ideological, and environmental processes that are alleged to have accelerated in the last few decades. Rather than forcing such a complex social phenomenon into a single conceptual framework, Manfred Steger presents globalization in plain, readable English as a multifaceted process encompassing global, regional, and local aspects of social life. In addition to explaining the various dimensions of globalization, the author explores whether globalization should be considered a good or bad thing--a question that has been hotly debated in classrooms, boardrooms, and on the streets.

    In championing radical ideas such as individual liberty and an empirical appraisal of the universe through rational inquiry and natural experience, Enlightenment philosophers in Europe and America planted the seeds for modern liberalism, cultural humanism, science and technology, and laissez-faire Capitalism.This volume brings together works from this era, with more than 100 selections from a range of sources. It includes examples by Kant, Diderot, Voltaire, Newton, Rousseau, Locke, Franklin, Jefferson, Madison, and Paine that demonstrate the pervasive impact of Enlightenment views on philosophy and epistemology as well as on political, social, and economic institutions.

    Thomas Jefferson, a brilliant political thinker, is perhaps best known for the Declaration of Independence, but he was a man of extraordinarily wide interests.He was exceptionally controversial in his own time, and many of his ideas remain the subject of national debate. In his arguments for a system of general education, for local rather than central authority, for caution in international affairs, for religious and intellectual freedom, and for economic and social justice, Jefferson defined the issues that still direct our national political life centuries after the nation's formation. This volume will give readers the opportunity to reassess one of our most influential presidents.Jefferson's First Inaugural Address is a resounding statement of faith in a democracy of enlightened people. His Notes on the State of Virginia (1785) is an invaluable record of the landscape, inhabitants, life, and daily customs of America in the Revolutionary and early national eras. His letters, more than two hundred and fifty of which are gathered here, are brilliant urbane missives to such men as Patrick Henry, Thomas Paine, Lafayette, John Adams and James Madison. His slim Autobiography (1821), written "for my own more ready reference, and for the information of my family," hardly hints at the influence and impact he had as Secretary of State under George Washington, Minister to France, opposition-party Vice President to John Adams, and, after leaving the presidency, founder of the University of Virginia.His public papers and addresses fully demonstrate both the breadth of his interests and the power of his expressive mind. Extensively read (his personal library of ten thousand volumes became the foundation of the Library of Congress) and widely traveled, Jefferson wrote with ease and spontaneity about science, archaeology, botany and gardening, religion, literature, architecture, education, the habits of his fellow citizens, and, of course, his beloved home, Monticello.Jefferson's prose has an energy, clarity, and charming off-handedness, consistent with his conviction that style in writing should impose no barrier between the most educated and the most common reader. For those who want a renewed sense of the opportunity for human freedom that the United States represented to its founders, this is an indispensable book.

    In her study of the state of modern humanity, Hannah Arendt considers humankind from the perspective of the actions of which it is capable. The problems Arendt identified then--diminishing human agency and political freedom; the paradox that as human powers increase through technological and humanistic inquiry, we are less equipped to control the consequences of our actions—continue to confront us today.