Book picks similar to
Punishment, Communication, and Community by R.A. Duff
philosophy
copy-01
criminology
political-science
The Debate on the Constitution, Part 2: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: January to August 1788
Bernard BailynTench Coxe - 1993
Included are dramatic confrontations from Virginia, where Patrick Henry pitted his legendary oratorical skills against the persuasive logic of Madison, and from New York, where Alexander Hamilton faced the brilliant Antifederalist Melancton Smith.In addition to useful notes, there are biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).
Utilitarianism: For and Against
J.J.C. Smart - 1973
J. C. Smart and Bernard Williams. In the first part of the book Professor Smart advocates a modern and sophisticated version of classical utilitarianism; he tries to formulate a consistent and persuasive elaboration of the doctrine that the rightness and wrongness of actions is determined solely by their consequences, and in particular their consequences for the sum total of human happiness. In Part II Bernard Williams offers a sustained and vigorous critique of utilitarian assumptions, arguments and ideals. He finds inadequate the theory of action implied by utilitarianism, and he argues that utilitarianism fails to engage at a serious level with the real problems of moral and political philosophy, and fails to make sense of notions such as integrity, or even human happiness itself. This book should be of interest to welfare economists, political scientists and decision-theorists.
Against Intellectual Property
N. Stephan Kinsella - 2001
Stephan Kinsella has caused libertarians worldwide to rethink the very basis of intellectual property.Mises warned against patents, and so did Rothbard. But Kinsella goes much further. He argues that the very existence of patents — and copyrights and trademarks, too — is contrary to a free market. They all use the state to create artificial scarcities of nonscarce goods and employ coercion in a way that is contrary to property rights and the freedom of contract.Many who read this book will be unprepared for the rigor of Kinsella's argument. It takes time to settle in, simply because it seems so shocking at first. But Kinsella makes his case with powerful logic and examples that are overwhelming in their persuasive power.After all, the relevance of this argument in a digital age can't be overstated. The state works with monopolistic private producers to inhibit innovation and stop the progress of technology, while using coercion against possible competitors and against consumers. Even US foreign policy is profoundly affected by widespread confusions over what is legitimate and what is merely asserted as property.What Kinsella is calling for instead of this cartelizing system is nothing more or less than a pure free market, which involves nothing resembling what we call intellectual property today. IP, he argues, is really nothing more than a state-enforced legal convention, not an extension of real ownership.Few books written in the last decades have caused so much fundamental rethinking. It is essential that libertarians get this issue right and understand the arguments on all sides. Kinsella's book is masterful in doing just that — making a case against IP that turns out to be more rigorous and thorough than any written on the left, right, or anywhere in between.Read it and prepare to change your mind.To search for Mises Institute titles, enter a keyword and LvMI (short for Ludwig von Mises Institute); e.g., Depression LvMI
The Spirit of the Laws
Montesquieu - 1748
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.
The Fourth Revolution: The Global Race to Reinvent the State
John Micklethwait - 2014
As John Micklethwait and Adrian Wooldridge show us, that is a seriously limited view of things. In fact, there have been three great revolutions in government in the history of the modern world. The West has led these revolutions, but now we are in the midst of a fourth revolution, and it is Western government that is in danger of being left behind.Now, things really are different. The West’s debt load is unsustainable. The developing world has harvested the low-hanging fruits. Industrialization has transformed all the peasant economies it had left to transform, and the toxic side effects of rapid developing world growth are adding to the bill. From Washington to Detroit, from Brasilia to New Delhi, there is a dual crisis of political legitimacy and political effectiveness.The Fourth Revolution crystallizes the scope of the crisis and points forward to our future. The authors enjoy extraordinary access to influential figures and forces the world over, and the book is a global tour of the innovators in how power is to be wielded. The age of big government is over; the age of smart government has begun. Many of the ideas the authors discuss seem outlandish now, but the center of gravity is moving quickly.This tour drives home a powerful argument: that countries’ success depends overwhelmingly on their ability to reinvent the state. And that much of the West—and particularly the United States—is failing badly in its task. China is making rapid progress with government reform at the same time as America is falling badly behind. Washington is gridlocked, and America is in danger of squandering its huge advantages from its powerful economy because of failing government. And flailing democracies like India look enviously at China’s state-of-the-art airports and expanding universities.The race to get government right is not just a race of efficiency. It is a race to see which political values will triumph in the twenty-first century—the liberal values of democracy and liberty or the authoritarian values of command and control. The stakes could not be higher.
The Lost History of Liberalism: From Ancient Rome to the Twenty-First Century
Helena Rosenblatt - 2018
Taking readers from ancient Rome to today, Helena Rosenblatt traces the evolution of the words “liberal” and “liberalism,” revealing the heated debates that have taken place over their meaning.In this timely and provocative book, Rosenblatt debunks the popular myth of liberalism as a uniquely Anglo-American tradition centered on individual rights. She shows that it was the French Revolution that gave birth to liberalism and Germans who transformed it. Only in the mid-twentieth century did the concept become widely known in the United States—and then, as now, its meaning was hotly debated. Liberals were originally moralists at heart. They believed in the power of religion to reform society, emphasized the sanctity of the family, and never spoke of rights without speaking of duties. It was only during the Cold War and America’s growing world hegemony that liberalism was refashioned into an American ideology focused so strongly on individual freedoms.Today, we still can’t seem to agree on liberalism’s meaning. In the United States, a “liberal” is someone who advocates big government, while in France, big government is contrary to “liberalism.” Political debates become befuddled because of semantic and conceptual confusion. The Lost History of Liberalism sets the record straight on a core tenet of today’s political conversation and lays the foundations for a more constructive discussion about the future of liberal democracy.
A History of Freedom
J. Rufus Fears - 1999
No idea in the history of the world has been more influential than freedom. This course deals with the political, economic, social, moral and cultural dimensions of freedom.
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.
Unfair: The New Science of Criminal Injustice
Adam Benforado - 2015
The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.
Human Rights: A Very Short Introduction
Andrew Clapham - 2007
Taking an international perspective, and focusing on highly topical issues such as torture, arbitrary detention, privacy, health, and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue. Looking at the philosophical justification for rights, the historical origins of human rights and how they are formed in law, Andrew Clapham explains what our human rights actually are, what they might be, and where the human rights movement is heading.
The Arthashastra
Chanakya
It identifies its author by the names 'Kauṭilya' and 'Vishnugupta', both names that are traditionally identified with Chanakya (c. 350–283 BC), who was a scholar at Takshashila and the teacher and guardian of Emperor Chandragupta Maurya, founder of the Mauryan Empire. The text was influential until the 12th century, when it disappeared. It was rediscovered in 1904 by R. Shamasastry, who published it in 1909. The first English translation was published in 1915.Roger Boesche describes the Arthaśāstra as "a book of political realism, a book analysing how the political world does work and not very often stating how it ought to work, a book that frequently discloses to a king what calculating and sometimes brutal measures he must carry out to preserve the state and the common good."Centrally, Arthaśāstra argues how in an autocracy an efficient and solid economy can be managed. It discusses the ethics of economics and the duties and obligations of a king. The scope of Arthaśāstra is, however, far wider than statecraft, and it offers an outline of the entire legal and bureaucratic framework for administering a kingdom, with a wealth of descriptive cultural detail on topics such as mineralogy, mining and metals, agriculture, animal husbandry, medicine and the use of wildlife. The Arthaśāstra also focuses on issues of welfare (for instance, redistribution of wealth during a famine) and the collective ethics that hold a society together.
Discipline and Punish: The Birth of the Prison
Michel Foucault - 1975
This groundbreaking book by the most influential philosopher since Sartre compels us to reevaluate our assumptions about all the ensuing reforms in the penal institutions of the West. For as he examines innovations that range from the abolition of torture to the institution of forced labor and the appearance of the modern penitentiary, Michel Foucault suggests that punishment has shifted its focus from the prisoner's body to the soul — and that our very concern with rehabilitation encourages and refines criminal activity.Lucidly reasoned and deftly marshaling a vast body of research, Discipline and Punish is a genuinely revolutionary book, whose implications extend beyond the prison to the minute power relations of our society.
I'll Be Short: Essentials for a Decent Working Society
Robert B. Reich - 2002
It's bad for society, especially now. . . . Call me crotchety, but I can't help asking, whatever happened to the social contract?'The get-rich-quick exuberance of the late nineties may have temporarily blinded us to how dependent we are on one another. Subsequent events serve as reminders that the strength of our economy and the security of our society rest on the bonds that connect us. But what, specifically, are these bonds? What do we owe one another as members of the same society?With his characteristic humor, humanity, and candor, one of the nation's most distinguished public leaders and thinkers delivers a fresh vision of politics by returning to basic American values: workers should share in the success of their companies; those who work should not have to live in poverty; and everyone should have access to an education that will better their chances in life.An insider who knows how the economy and government really work, Reich combines realistic solutions with democratic ideals. Businesses do have civic responsibilities, and government must stem a widening income gap that threatens to stratify our nation. And everyone must get involved to help return us to a society that works for everyone.
Kindly Inquisitors: The New Attacks on Free Thought
Jonathan Rauch - 1993
Rauch explores how the system for producing knowledge works in a liberal society, and why it has now become the object of a powerful ideological attack. Moving beyond the First Amendment, he defends the morality, rather than the legality, of an intellectual regime that relies on unfettered and often hurtful criticism. Kindly Inquisitors is a refreshing and vibrant essay, casting a provocative light on the raging debates over political correctness and multiculturalism."Fiercely argued. . . . What sets his study apart is his attempt to situate recent developments in a long-range historical perspective and to defend the system of free intellectual inquiry as a socially productive method of channeling prejudice."—Michiko Kakutani, New York Times"Like no other, this book restates the core of our freedom and demonstrates how great, and disregarded, the peril to that freedom has become."—Joseph Coates, Chicago Tribune"The philosophical defense of free speech and free thought that seems to have been forgotten. . . . A powerful argument."—Diane Ravitch, Wall Street Journal
Radical Markets: Uprooting Capitalism and Democracy for a Just Society
Eric A. Posner - 2018
The solution is to rein in the market, right? Radical Markets turns this thinking--and pretty much all conventional thinking about markets, both for and against--on its head. The book reveals bold new ways to organize markets for the good of everyone. It shows how the emancipatory force of genuinely open, free, and competitive markets can reawaken the dormant nineteenth-century spirit of liberal reform and lead to greater equality, prosperity, and cooperation.Eric Posner and Glen Weyl demonstrate why private property is inherently monopolistic, and how we would all be better off if private ownership were converted into a public auction for public benefit. They show how the principle of one person, one vote inhibits democracy, suggesting instead an ingenious way for voters to effectively influence the issues that matter most to them. They argue that every citizen of a host country should benefit from immigration--not just migrants and their capitalist employers. They propose leveraging antitrust laws to liberate markets from the grip of institutional investors and creating a data labor movement to force digital monopolies to compensate people for their electronic data.Only by radically expanding the scope of markets can we reduce inequality, restore robust economic growth, and resolve political conflicts. But to do that, we must replace our most sacred institutions with truly free and open competition--Radical Markets shows how.