Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.

    Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions.Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom.The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century.

    This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.

    Many of these stories never made it back home - until now.

    In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.

    Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states.The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt.In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

    Adams makes a convincing case for taxes being the cause of many of the landmark events in civilization's history. Starting in ancient Egypt, Adams surveys how governments established and collected their taxes, and how these procedures led to the fall of Rome, the rise of Islam and the Arabs' successful conquests, the signing of the Magna Carta, the American Revolution and Civil War, and many other momentous events. Adams also offers suggestions for governments wishing to avoid the fate of previous nations destroyed by ignorant tax policies, something every American will no doubt read with much interest.

    However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean  Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

    This development Jouvenel traces all the way back to the days of royal absolutism, which established large administrative bureaucracies and thus laid the foundation of the modern omnipotent state.On Power is an important work that Professor Angelo M. Petroni of the Luigi Einaudi Center for Research in Torino, Italy, has said is "simply a book that no serious scholar of political science or political philosophy can afford to ignore."Bertrand de Jouvenel was born in Paris in 1903; he traveled widely, becoming an astute observer of British and American institutions. Later in life, he was an author and teacher, first publishing On Power in 1945. Jouvenel died in 1987. Among his other books, besides The Ethics of Redistribution, are Sovereignty: An Inquiry into the Political Good (1957) and The Pure Theory of Politics (1963).

    The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. It consists of thirty articles which outline the view of the General Assembly on the human rights guaranteed to all people. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social & Cultural Rights, & the International Covenant on Civil & Political Rights & its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants which complete the International Bill of Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.

    The cure is a radical one because, as the book incontrovertibly shows, the many problems that confront us today are no accident. They stem from the nature of government itself. Only peaceful cooperation based on the free market can rescue us from our present plight.Against the State is written by Lew Rockwell, the founder of the Mises Institute and LewRockwell.com, and the closest friend and associate of Murray Rothbard, the leading theorist of anarcho-capitalism. Rockwell applies Rothbard’s combination of individualist anarchism and Austrian economics to contemporary America. The book shows how the government is based on war, both against foreign nations and against the American people themselves, through massive invasions of our liberties. Fueled by an out-of-control banking system, the American State has become in essence fascist. We cannot escape our predicament through limited government: the government is incapable of controlling itself. Only a purely private social order can save us, and Rockwell succinctly sets out how an anarcho-capitalist order would work.

    The intense drama—both inside and outside the courtroom—builds to an unexpected climax in an unforgettable final chapter. Savannah Law is filled with colorful but believable characters, including a few cantankerous law professors, who demonstrate their vanity and eccentricities at the weekly faculty meetings. The novel will appeal to anyone who enjoys a legal thriller or Southern novel.

    You read about it, now read it.

    For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.