Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

    Librarian note: an alternate cover for this edition can be found here.Michel Foucault examines the archeology of madness in the West from 1500 to 1800 – from the late Middle Ages, when insanity was still considered part of everyday life and fools and lunatics walked the streets freely, to the time when such people began to be considered a threat, asylums were first built, and walls were erected between the “insane” and the rest of humanity.

    In this new book, David Harvey seeks to determine what is meant by the term in its different contexts and to identify how accurate and useful it is as a description of contemporary experience.But the book is much more than this: in the course of his investigation the author provides a social and semantic history – from the Enlightenment to the present – of modernism and its expression in political and social ideas and movements, as well as in art, literature and architecture. He considers in particular how meaning and perception of time and space themselves vary over time and space, and shows that this variance affects individual values and social processes of the most fundamental kind.This book will be widely welcomed, not only for its clear and critical account of the arguments surrounding the propositions of modernity and postmodernity, but as an incisive contribution to the history of ideas and their relation to social and political change.

    She shows how contemporary surveillance technologies and practices are informed by the long history of racial formation and by the methods of policing black life under slavery, such as branding, runaway slave notices, and lantern laws. Placing surveillance studies into conversation with the archive of transatlantic slavery and its afterlife, Browne draws from black feminist theory, sociology, and cultural studies to analyze texts as diverse as the methods of surveilling blackness she discusses: from the design of the eighteenth-century slave ship Brooks, Jeremy Bentham's Panopticon, and The Book of Negroes, to contemporary art, literature, biometrics, and post-9/11 airport security practices. Surveillance, Browne asserts, is both a discursive and material practice that reifies boundaries, borders, and bodies around racial lines, so much so that the surveillance of blackness has long been, and continues to be, a social and political norm.

    But economic changes like this don't occur in a vacuum; they're always linked to politics. The Twilight of Equality? searches out these links through an analysis of the politics of the 1990s, the decade when neoliberalism-free market economics-became gospel. After a brilliant historical examination of how racial and gender inequities were woven into the very theoretical underpinnings of the neoliberal model of the state, Duggan shows how these inequities play out today. In a series of political case studies, Duggan reveals how neoliberal goals have been pursued, demonstrating that progressive arguments that separate identity politics and economic policy, cultural politics and affairs of state, can only fail. Ultimately, The Twilight of Equality? not only reveals how the highly successful rhetorical maneuvers of neoliberalism have functioned but, more importantly, it shows a way to revitalize and unify progressive politics in the U.S. today.

    Published in early 1968, it both kindled and colored the May 1968 upheavals in France, which captured the attention of the world. Naming and defining the alienating features of everyday life in consumer society: survival rather than living in full, the call to sacrifice, the cultivation of false needs, the dictatorship of the commodity, subjection to social roles, and the replacement of God by the economy, the book argues that the countervailing impulses that exist within deep alienation - creativity, spontaneity, poetry present an authentic alternative to nilhilistic consumerism. This carefully edited new translation marks the first North American publication of this important work and includes a new preface by the author.

    Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it.In Homo Sacer, Agamben aims to connect the problem of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault’s fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle’s notion of man as a political animal, and throughout the history of Western thinking about sovereignty (whether of the king or the state), a notion of sovereignty as power over “life” is implicit.The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt’s idea of the sovereign’s status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective “naked life” of all individuals.

    But since its birth was announced a century ago in 1898 by William James, pragmatism has played a vital role in almost every area of American intellectual and cultural life, inspiring judges, educators, politicians, poets, and social prophets.Now the major texts of American pragmatism, from William James and John Dewey to Richard Rorty and Cornel West, have been brought together and reprinted unabridged. From the first generation of pragmatists, including the Supreme Court Justice Oliver Wendell Holmes and the founder of semiotics, Charles Sanders Peirce, to the leading figures in the contemporary pragmatist revival, including the philosopher Hilary Putnam, the jurist Richard Posner, and the literary critic Richard Poirier, all the contributors to this volume are remarkable for the wit and vigor of their prose and the mind-clearing force of their ideas. Edited and with an Introduction by Louis Menand, Pragmatism: A Reader will provide both the general reader and the student of American culture with excitement and pleasure.

    Drawing on both her roots in Kentucky and her adventures with Manhattan Coop boards, Where We Stand is a successful black woman's reflection--personal, straight forward, and rigorously honest--on how our dilemmas of class and race are intertwined, and how we can find ways to think beyond them.

    He exposes the people and organizations that manipulate our perceptions and profit from our anxieties: politicians who win elections by heightening concerns about crime and drug use even as both are declining; advocacy groups that raise money by exaggerating the prevalence of particular diseases; TV news-magazines that monger a new scare every week to garner ratings.

    First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.

    Rather, it is a late and localized product of very specific historical conditions, which required great transformations in social relations and in the human interaction with nature.This new edition is substantially revised and expanded, with extensive new material on imperialism, anti-Eurocentric history, capitalism and the nation-state, and the differences between capitalism and non-capitalist commerce. The author traces links between the origin of capitalism and contemporary conditions such as globalization, ecological degradation, and the current agricultural crisis.

    Now, in his first book, written more than two decades after the web was created, Lanier offers this provocative and cautionary look at the way it is transforming our lives for better and for worse.The current design and function of the web have become so familiar that it is easy to forget that they grew out of programming decisions made decades ago. The web’s first designers made crucial choices (such as making one’s presence anonymous) that have had enormous—and often unintended—consequences. What’s more, these designs quickly became “locked in,” a permanent part of the web’s very structure. Lanier discusses the technical and cultural problems that can grow out of poorly considered digital design and warns that our financial markets and sites like Wikipedia, Facebook, and Twitter are elevating the “wisdom” of mobs and computer algorithms over the intelligence and judgment of individuals. Lanier also shows:How 1960s antigovernment paranoia influenced the design of the online world and enabled trolling and trivialization in online discourseHow file sharing is killing the artistic middle class;How a belief in a technological “rapture” motivates some of the most influential technologistsWhy a new humanistic technology is necessary. Controversial and fascinating, You Are Not a Gadget is a deeply felt defense of the individual from an author uniquely qualified to comment on the way technology interacts with our culture.

    Whether discussing the recent U.S. military escalation in Colombia, the bipartisan rollback of Social Security, the rise of for-profit HMOs, or growing inequality worldwide, Chomsky shows how ordinary citizens, if they work together, have the power to make meaningful change.Renowned interviewer David Barsamian showcases his unique access to Chomsky's thinking on a number of topics of contemporary and historical import. In an interview conducted after the important November 1999 "Battle in Seattle", Chomsky discusses prospects for building a movement to challenge corporate domination of the media, the environment, and even our private lives. Chomsky also engages in a discussion of his ideas on language and mind, making his important linguistic insights accessible to the lay reader.

    These self-described “assholes from the internet” offer a fully ironic ideology for all who feel politically hopeless and prefer broadsides and tirades to reasoned debate. Learn the “secret” history of the world, politics, media, and everything in-between that THEY don’t want you to know and chart a course from our wretched present to a utopian future where one can post in the morning, game in the afternoon, and podcast after dinner without ever becoming a poster, gamer, or podcaster. The Chapo Guide to Revolution features illustrated taxonomies of contemporary liberal and conservative characters, biographies of important thought leaders, “never before seen” drafts of Aaron Sorkin’s Newsroom manga, and the ten new laws that govern Chapo Year Zero (everyone gets a dog, billionaires are turned into Soylent, and logic is outlawed). If you’re a fan of sacred cows, prisoners being taken, and holds being barred, then this book is NOT for you. However, if you feel disenfranchised from the political and cultural nightmare we’re in, then Chapo, let’s go...