Law's Empire


Ronald Dworkin - 1986
    Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.

The Classical Utilitarians


Jeremy Bentham - 2003
    The selection from Mill's A System of Logic is of special relevance to the debate between those who read Mill as an Act-Utilitarian and those who interpret him as a Rule-Utilitarian.Also included are selections from the writings of Jeremy Bentham, founder of modern Utilitarianism and mentor (together with James Mill) of John Stuart Mill. Bentham's Principles of Morals and Legislation had important effects on political and legal reform in his own time and continues to provide insights for political theorists and philosophers of law. Seven chapters of Bentham's Principles are here in their entirety, together with a number of shorter selections, including one in which Bentham repudiates the slogan often used to characterize his philosophy: The Greatest Happiness of the Greatest Number.John Troyer's Introduction presents the central themes and arguments of Bentham and Mill and assesses their relevance to current discussions of Utilitarianism. The volume also provides indexes, a glossary, and notes.

A Theory of Justice


John Rawls - 1971
    The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.

Natural Law and Natural Rights


John Finnis - 1980
    This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.

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 Rule of Law


Tom Bingham - 2010
    The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

The Prince and The Discourses


Niccolò Machiavelli
    The Prince and The Discourses have become required reading for an understanding of our daily newspaper headlines. "These books have never before been printed in a single volume. The texts are complete and unabridged. An illuminating introduction is provided by Max Lerner who traces the career and thought of the first analyst of power and the uses to which political domination can be put for aggression and the expanding control of the state." -- from the jacket of the 1950 edition

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

On Liberty and Other Essays


John Stuart Mill - 1989
    In his Introduction John Gray describes these essays as applications of Mill's doctrine of the Art of Life, as set out in A System of Logic. Using the resources of recent scholarship, he shows Mill's work to be far richer and subtler than traditional interpretations allow.

Justice: What's the Right Thing to Do?


Michael J. Sandel - 2009
    In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

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.

Political Theology: Four Chapters on the Concept of Sovereignty


Carl Schmitt - 1922
    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

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.

The End of History and the Last Man


Francis Fukuyama - 1992
    Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic.

The Public and its Problems


John Dewey - 1927
    In his characteristic and provocative dialectic style, John Dewey clarifies the meaning and implications of such concepts as “the public,” “the state,” “government,” and “political democracy”; distinguishes his a posteriori reasoning from a priori reasoning which, he argues, permeates less meaningful discussions of basic concepts; and repeatedly demonstrates the interrelationships between fact and theory. As in his other writings, Dewey exhibits his strong faith in the potential of human intelligence to solve the public’s problems.