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.
All the Laws but One: Civil Liberties in Wartime
William H. Rehnquist - 1998
Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
James MacGregor Burns - 2009
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
Memoirs Of A Radical Lawyer
Michael Mansfield - 2009
Unafraid of rejection or failure, Michael has taken on the most difficult and challenging cases of our times and despite the odds, won plenty. In Memoirs of a Radical Lawyer Michael dissects many of them, revealing his motivations, meticulous approach to forensic science, cross examination techniques, the political dimensions and emotional reactions with clarity, subtlety and charm. Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael's quirky brand of anarchic humour. Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the 'Fertilizer' conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the 'Ricin' trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time.
Comparative Constitutional Engineering
Giovanni Sartori - 1994
He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances.His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended.He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.
Our Republican Constitution: Securing the Liberty and Sovereignty of We the People
Randy E. Barnett - 2016
In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
The Income Tax: Root of All Evil
Frank Chodorov - 1954
For the Amendment gives to the Federal Government first claim upon the earnings of the individual, and so infringes his natural right to own what he produces.With its graduated-tax provision, the Income Tax Amendment is a replica of that clause in the Communist Manifesto which provides for the confiscation of all property through the use of just such a tax.Not only is the individual citizen's liberty partitioned by the Amendment, but the several states are deprived of their Constitutional sovereignty, and the central Federal Government is overstrengthened at their expense. This growth of centralized power is a development which generations of Americans fought stubbornly to prevent.And the Federal Government, by the very nature of government itself, increases its "needs" in accordance with its means of revenue. Reduce Federal income, argues Frank Chodorov, and Federal "needs" will automatically be reduced.The author takes a forthright stand as he defines the immoral nature of income taxation and the fallacy of using to "level off" society. And finally he outlines what can be done to repeal the Income Tax Amendment, bearing in mind the Federal Government's legitimate need for revenue.
India an Introduction
Khushwant Singh - 1990
Khushwant Singh tells the story of the land and its people from the earliest time to the present day. In broad, vivid sweeps he encapsulates the saga of the upheavals of a sub-continent over five millennia, and how their interplay over the centuries has molded the India of today. More, Khushwant Singh offers perceptive insights into everything Indian that may catch one's eye or arouse curiosity: its ethnic diversity, religions, customs, philosophy, art and culture, political currents, and the galaxy of men and women who have helped shape its intricately inlaid mosaic. He is also an enlightening guide to much else: India's extensive and varied architectural splendors, its art and classical literature. Khushwant Singh's own fascination with the subject is contagious, showing through on every page, and in every sidelight that he recounts. India: An Introduction holds strong appeal for just about anyone who has more than a passing interest in the country, Indians as well as those who are drawn to it from farther afield. And for a traveller, it is that rare companion: erudite, intelligent, lively
Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case
Alan M. Dershowitz - 1996
Using the O.J. Simpson murder case as the backdrop, Reasonable Doubts explores the larger issues that shape our country's legal system.Chosen to prepare the appeal should O.J. Simpson be convicted, Alan Dershowitz is uniquely suited to deconstruct the case in order to use it in understanding the modern criminal justice system. The crucial questions raised by the O.J. Simpson case, and Dershowitz's answers, invite a reassessment not only of the case itself, but also of the strengths—and weaknesses—of the legal system in America today.
The Corruption Chronicles: Obama's Big Secrecy, Big Corruption, and Big Government
Tom Fitton - 2012
president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look. THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets
Debating the Death Penalty: Should America Have Capital Punishment? the Experts on Both Sides Make Their Best Case
Hugo Bedau - 2004
Few controversies continue to stir as much emotion as this one, andpublic confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue arerevealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Isthe possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explainedwhy he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.
The Politically Incorrect Guide to the Constitution
Kevin R.C. Gutzman - 2006
Gutzman unveils the radical inconsistency between constitutional law and the rule of law, and shows why and how the Supreme Court should be reined in to the proper role assigned to it by the Founders.
Hate: Why We Should Resist It with Free Speech, Not Censorship
Nadine Strossen - 2018
The emergence of the alt-right alone has fueled a marked increase in racist and anti-Semitic speech. Given its potential for harm, should this speech be banned? Nadine Strossen's HATE dispels the many misunderstandings that have clouded the perpetual debates about "hate speech vs. free speech." She argues that an expansive approach to the First Amendment is most effective at promoting democracy, equality, and societal harmony.Proponents of anti-hate speech laws stress the harms that they fear such speech might lead to: discrimination, violence, and psychic injuries. However, there has been no rigorous analysis to date of whether the laws effectively counter the feared harms. This book fills that gap, examining our actual experience with such laws. It shows that they are not effective in reducing the feared harms, and worse yet, are likely counterproductive. Even in established democracies, enforcement officials use the power these laws give them to suppress vital expression and target minority viewpoints, as was the case in earlier periods of U.S. history. The solution instead, as Strossen shows, is to promote equality and societal harmony through the increasingly vibrant "counterspeech" activism that has been flourishing on U.S. college campuses and in some global human rights movements. Strossen's powerful argument on behalf of free expression promises to shift the debate around this perennially contentious topic.
When I Wear My Alligator Boots: Narco-Culture in the US-Mexico Borderlands
Shaylih Muehlmann - 2013
In particular, the book explores a crucial tension at the heart of the war on drugs: despite the violence and suffering brought on by drug cartels, for the rural poor in Mexico’s north, narcotrafficking offers one of the few paths to upward mobility and is a powerful source of cultural meanings and local prestige. In the borderlands, traces of the drug trade are everywhere: from gang violence in cities to drug addiction in rural villages, from the vibrant folklore popularized in the narco-corridos of Norteña music to the icon of Jesús Malverde, the patron saint of narcos, tucked beneath the shirts of local people. In When I Wear My Alligator Boots, the author explores the everyday reality of the drug trade by living alongside its low-level workers, who live at the edges of the violence generated by the militarization of the war on drugs. Rather than telling the story of the powerful cartel leaders, the book focuses on the women who occasionally make their sandwiches, the low-level businessmen who launder their money, the addicts who consume their products, the mules who carry their money and drugs across borders, and the men and women who serve out prison sentences when their bosses' operations go awry.