Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

    The essays in this volume are intriguing, challenging, & often baffling to the reader, calling him to abandon all superficial scanning & to enter wholeheartedly into the serious pursuit of thinking. Heidegger is not a 'primitive' or a 'romantic.' He is not one who seeks escape from the burdens & responsibilities of contemporary life into serenity, either through the re-creating of some idyllic past or through the exalting of some simple experience. Finally, Heidegger is not a foe of technology & science. He neither disdains nor rejects them as though they were only destructive of human life. The roots of Heidegger's thinking lie deep in the Western philosophical tradition. Yet that thinking is unique in many of its aspects, in its language, & in its literary expression. In the development of this thought Heidegger has been taught chiefly by the Greeks, by German idealism, by phenomenology, & by the scholastic theological tradition. In him these & other elements have been fused by his genius of sensitivity * intellect into a very individual philosophical expression."--William Lovitt's Introduction

    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.

    This handsome new edition of Stanley Cavell's landmark text, first published 20 years ago, provides a new preface that discusses the reception and influence of his work, which occupies a unique niche between philosophy and literary studies.

    This volume also includes " The Crisis ," " The Age of Reason ," and " Agrarian Justice ."

    His acclaimed works and celebrated collaborations with Félix Guattari have established him as a seminal figure in the fields of literary criticism and philosophy. The long-awaited publication of What Is Philosophy? in English marks the culmination of Deleuze's career.Deleuze and Guattari differentiate between philosophy, science, and the arts, seeing as means of confronting chaos, and challenge the common view that philosophy is an extension of logic. The authors also discuss the similarities and distinctions between creative and philosophical writing. Fresh anecdotes from the history of philosophy illuminate the book, along with engaging discussions of composers, painters, writers, and architects.A milestone in Deleuze's collaboration with Guattari, What Is Philosophy? brings a new perspective to Deleuze's studies of cinema, painting, and music, while setting a brilliant capstone upon his work.

    Distributed by the University of Nebraska Press for Caxton PressClassic treatise on the importance of maintaining the rights of the individual in the face of expanding state control manipulated by organized pressure groups.

    Continuously in print since 1932, Ortega's vision of Western culture as sinking to its lowest common denominator and drifting toward chaos brought its author international fame and has remained one of the influential books of the 20th century.

    For Albert Camus, the urge to revolt is one of the "essential dimensions" of human nature, manifested in man's timeless Promethean struggle against the conditions of his existence, as well as the popular uprisings against established orders throughout history. And yet, with an eye toward the French Revolution and its regicides and deicides, he shows how inevitably the course of revolution leads to tyranny, as old regimes throughout the world collapse, The Rebel resonates as an ardent, eloquent, and supremely rational voice of conscience for our tumultuous times.Translated from the French by Anthony Bower.

    Yet "pessimist" remains a term of abuse--an accusation of a bad attitude--or the diagnosis of an unhappy psychological state. Pessimism is thought of as an exclusively negative stance that inevitably leads to resignation or despair. Even when pessimism looks like utter truth, we are told that it makes the worst of a bad situation. Bad for the individual, worse for the species--who would actually counsel pessimism? Joshua Foa Dienstag does. In Pessimism, he challenges the received wisdom about pessimism, arguing that there is an unrecognized yet coherent and vibrant pessimistic philosophical tradition. More than that, he argues that pessimistic thought may provide a critically needed alternative to the increasingly untenable progressivist ideas that have dominated thinking about politics throughout the modern period. Laying out powerful grounds for pessimism's claim that progress is not an enduring feature of human history, Dienstag argues that political theory must begin from this predicament. He persuasively shows that pessimism has been--and can again be--an energizing and even liberating philosophy, an ethic of radical possibility and not just a criticism of faith. The goal--of both the pessimistic spirit and of this fascinating account of pessimism--is not to depress us, but to edify us about our condition and to fortify us for life in a disordered and disenchanted universe.

    It also forms a basic textbook for students of government and political theory. Such fundamental concepts as Democracy, the Rule of Law, Justice, Natural Rights, Sovereignty, Citizenship, Power, the State, Revolution, Liberty, Reason, Materialism, Toleration, and the Place of Religion in Society are traced from their origins, through their development and changing patterns, to show how they guide political thinking and institutions today.And new in this edition, examinations of selected works by Sophocles, Francois Hotman, and Francisco Suarez. Also new are a detailed table of contents and an up-dated, comprehensive bibliography--each clear and concise for easy reference.The second volume of Professor Curtis' work, also available in a Discus edition, includes the writings of the eighteenth, nineteenth, and twentieth century thinkers--from Burke, Rousseau, and Kant to modern times.

    Perhaps more than any other single author, his writings have constituted the most compelling evidence available for recognizing Jacques Lacan as the preemient philosopher of our time.In Tarrying with the Negative, Žižek challenges the contemporary critique of ideology, and in doing so opens the way for a new understanding of social conflict, particularly the recent outbursts of nationalism and ethnic struggle. Are we, Žižek asks, confined to a postmodern universe in which truth is reduced to the contingent effect of various discursive practices and where our subjectivity is dispersed through a multitude of ideological positions? No is his answer, and the way out is a return to philosophy. This revisit to German Idealism allows Žižek to recast the critique of ideology as a tool for disclosing the dynamic of our society, a crucial aspect of which is the debate over nationalism, particularly as it has developed in the Balkans—Žižek's home. He brings the debate over nationalism into the sphere of contemporary cultural politics, breaking the impasse centered on nationalisms simultaneously fascistic and anticolonial aspirations. Provocatively, Žižek argues that what drives nationalistic and ethnic antagonism is a collectively driven refusal of our own enjoyment.Using examples from popular culture and high theory to illuminate each other—opera, film noir, capitalist universalism, religious and ethnic fundamentalism—this work testifies to the fact that, far more radically than the postmodern sophists, Kant and Hegel are our contemporaries.

    Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.'In this lucid and timely book, Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.

    Moving smoothly between moral philosophy and social theory, Honneth offers insights into such issues as the social forms of recognition and nonrecognition, the moral basis of interaction in human conflicts, the relation between the recognition model and conceptions of modernity, the normative basis of social theory, and the possibility of mediating between Hegel and Kant.

    But the Chinese political model does not fit neatly in either category. Over the past three decades, China has evolved a political system that can best be described as "political meritocracy." "The China Model" seeks to understand the ideals and the reality of this unique political system. How do the ideals of political meritocracy set the standard for evaluating political progress (and regress) in China? How can China avoid the disadvantages of political meritocracy? And how can political meritocracy best be combined with democracy? Daniel Bell answers these questions and more.Opening with a critique of "one person, one vote" as a way of choosing top leaders, Bell argues that Chinese-style political meritocracy can help to remedy the key flaws of electoral democracy. He discusses the advantages and pitfalls of political meritocracy, distinguishes between different ways of combining meritocracy and democracy, and argues that China has evolved a model of democratic meritocracy that is morally desirable and politically stable. Bell summarizes and evaluates the "China model"--meritocracy at the top, experimentation in the middle, and democracy at the bottom--and its implications for the rest of the world.A timely and original book that will stir up interest and debate, "The China Model" looks at a political system that not only has had a long history in China, but could prove to be the most important political development of the twenty-first century.