A Matter of Interpretation: Federal Courts and the Law


Antonin Scalia - 1997
    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

The Monarchy of Fear: A Philosopher Looks at Our Political Crisis


Martha C. Nussbaum - 2018
    Nussbaum has been an acclaimed scholar and humanist, earning dozens of honors for her books and essays. In The Monarchy of Fear she turns her attention to the current political crisis that has polarized American since the 2016 election. Although today’s atmosphere is marked by partisanship, divisive rhetoric, and the inability of two halves of the country to communicate with one another, Nussbaum focuses on what so many pollsters and pundits have overlooked. She sees a simple truth at the heart of the problem: the political is always emotional. Globalization has produced feelings of powerlessness in millions of people in the West. That sense of powerlessness bubbles into resentment and blame. Blame of immigrants. Blame of Muslims. Blame of other races. Blame of cultural elites. While this politics of blame is exemplified by the election of Donald Trump and the vote for Brexit, Nussbaum argues it can be found on all sides of the political spectrum, left or right. Drawing on a mix of historical and contemporary examples, from classical Athens to the musical Hamilton, The Monarchy of Fear untangles this web of feelings and provides a roadmap of where to go next.

Our Political Nature: The Evolutionary Origins of What Divides Us


Avi Tuschman - 2013
    It shows how political orientations across space and time arise from three clusters of measurable personality traits. These clusters entail opposing attitudes toward tribalism, inequality, and differing perceptions of human nature. Together, these traits are by far the most powerful cause of left-right voting, even leading people to regularly vote against their economic interests.      As this book explains, our political personalities also influence our likely choice of a mate, and shape society's larger reproductive patterns. Most importantly of all, it tells the evolutionary stories of these crucial personality traits, which stem from epic biological conflicts.     Based on dozens of exciting new insights from primatology, genetics, neuroscience, and anthropology, this groundbreaking work brings core concepts to life through current news stories and personalities. For instance, readers will meet Glenn Beck and Hugo Chavez and come to understand the underlying evolutionary forces they represent. By blending serious research with relevant contemporary examples, Our Political Nature casts important light onto the ideological clashes that so dangerously divide and imperil our world today.

Liberal Fascism: The Secret History of the American Left from Mussolini to the Politics of Meaning


Jonah Goldberg - 2007
    Calling someone a fascist is the fastest way to shut them up, defining their views as beyond the political pale. But who are the real fascists in our midst? Liberal Fascism offers a startling new perspective on the theories and practices that define fascist politics. Replacing conveniently manufactured myths with surprising and enlightening research, Jonah Goldberg reminds us that the original fascists were really on the left, and that liberals from Woodrow Wilson to FDR to Hillary Clinton have advocated policies and principles remarkably similar to those of Hitler's National Socialism and Mussolini's Fascism. Contrary to what most people think, the Nazis were ardent socialists (hence the term -National socialism-). They believed in free health care and guaranteed jobs. They confiscated inherited wealth and spent vast sums on public education. They purged the church from public policy, promoted a new form of pagan spirituality, and inserted the authority of the state into every nook and cranny of daily life. The Nazis declared war on smoking, supported abortion, euthanasia, and gun control. They loathed the free market, provided generous pensions for the elderly, and maintained a strict racial quota system in their universities--where campus speech codes were all the rage. The Nazis led the world in organic farming and alternative medicine. Hitler was a strict vegetarian, and Himmler was an animal rights activist. Do these striking parallels mean that today's liberals are genocidal maniacs, intent on conquering the world and imposing a new racial order? Not at all. Yet it is hard to deny that modern progressivism and classical fascism shared the same intellectual roots. We often forget, for example, that Mussolini and Hitler had many admirers in the United States. W.E.B. Du Bois was inspired by Hitler's Germany, and Irving Berlin praised Mussolini in song. Many fascist tenets were espoused by American progressives like John Dewey and Woodrow Wilson, and FDR incorporated fascist policies in the New Deal. Fascism was an international movement that appeared in different forms in different countries, depending on the vagaries of national culture and temperament. In Germany, fascism appeared as genocidal racist nationalism. In America, it took a -friendlier, - more liberal form. The modern heirs of this -friendly fascist- tradition include the New York Times, the Democratic Party, the Ivy League professoriate, and the liberals of Hollywood. The quintessential Liberal Fascist isn't an SS storm trooper; it is a female grade school teacher with an education degree from Brown or Swarthmore. These assertions may sound strange to modern ears, but that is because we have forgotten what fascism is. In this angry, funny, smart, contentious book, Jonah Goldberg turns our preconceptions inside out and shows us the true meaning of Liberal Fascism.

Moral Politics: How Liberals and Conservatives Think


George Lakoff - 1996
    For this new edition, Lakoff adds a preface and an afterword extending his observations to major ideological conflicts since the book's original publication, from the impeachment of Bill Clinton to the 2000 presidential election and its aftermath.

A Student's Guide to Political Philosophy


Harvey Mansfield Jr. - 2000
    Written by leading scholars for both students and the general public, they will be appreciated by anyone desiring a reliable and informative tour of important subject matter. Each title offers an historical overview of a particular discipline, explains the central ideas of each subject, and evaluates the works of thinkers whose ideas have shaped our world. They will aid students seeking to make better decisions about their course of study as well as general readers who wish to supplement their education. All who treasure the world of ideas and liberal learning will be motivated by these original and stimulating presentations.

Beyond Human Rights


Alain de Benoist - 2011
    Alain de Benoist begins Beyond Human Rights with an examination of the origins of the concept of 'human rights' in European Antiquity, in which rights were defined in terms of the individual's relationship to his community, and were understood as being exclusive to that community alone. This changed with the coming of Christianity to Europe, after which rights were redefined as a universal concept derived from the idea of each individual as the possessor of a soul that is transcendent and independent of any social identity. This culminated in the Enlightenment belief in 'natural rights', which found its practical expression in the doctrines emerging from the American and French revolutions, in which all individuals were said to possess rights simply by virtue of the fact of their being human. In turn, laws issued by the State came to be viewed as negative impositions upon the naturally independent individual. De Benoist deconstructs this idea and shows how the myth of a 'natural man' who possesses rights independent of his community is indefensible, and how this conception of rights has, in modern times, led to their use as a weapon by stronger nations to bludgeon those weaker states which do not conform to the Western liberal-democratic form of rights, as we have recently seen in action in the former Yugoslavia, Iraq and Libya. As such, he presents us with a crucial critique of one of the major issues of our time.

How to Be a Conservative


Roger Scruton - 2014
    Drawing on his own experience as a counter-cultural presence in public life, Scruton argues that while humanity might survive in the absence of the conservative outlook, it certainly won't flourish. How to be a conservative is not only a blueprint for modern conservatism. It is a heartfelt appeal on behalf of old fashioned decencies and values, which are the bedrock of our weakened, but still enduring civilization.

The Coming Anarchy: Shattering the Dreams of the Post Cold War


Robert D. Kaplan - 1994
    Environmental degradation is causing the rampant spread of famine and disease, and a rising number of nations are being torn by violent wars of fierce tribalism and trenchant regionalism. Our newest democracies, such as Russia and Venezuela, are bloody maelstroms of violence and crime, while America is beset with an alarmingly high number of apathetic citizens content to concern themselves with matters of entertainment and convenience. Bold, erudite, and profoundly important, The Coming Anarchy is a compelling must-read by one of today's most penetrating writers and provocative minds."Analytically daring.... Informed by a rock-solid, unwavering realism and an utter absence of sentimentality.... Kaplan is a knowledgeable and forceful polemicist who mixes the attributes of journalist and visionary." —The New York Times"Ambitiously eclectic.... [Kaplan] is one of America's most engaging writers on contemporary international affairs." —The New York Times Book Review

Postcapitalism: A Guide to Our Future


Paul Mason - 2015
    Over the past two centuries or so, capitalism has undergone continual change - economic cycles that lurch from boom to bust - and has always emerged transformed and strengthened. Surveying this turbulent history, Paul Mason wonders whether today we are on the brink of a change so big, so profound, that this time capitalism itself, the immensely complex system by which entire societies function, has reached its limits and is changing into something wholly new.At the heart of this change is information technology: a revolution that, as Mason shows, has the potential to reshape utterly our familiar notions of work, production and value; and to destroy an economy based on markets and private ownership - in fact, he contends, it is already doing so. Almost unnoticed, in the niches and hollows of the market system, whole swathes of economic life are changing.. Goods and services that no longer respond to the dictates of neoliberalism are appearing, from parallel currencies and time banks, to cooperatives and self-managed online spaces. Vast numbers of people are changing their behaviour, discovering new forms of ownership, lending and doing business that are distinct from, and contrary to, the current system of state-backed corporate capitalism.In this groundbreaking book Mason shows how, from the ashes of the recent financial crisis, we have the chance to create a more socially just and sustainable global economy. Moving beyond capitalism, he shows, is no longer a utopian dream. This is the first time in human history in which, equipped with an understanding of what is happening around us, we can predict and shape, rather than simply react to, seismic change.

Freedom and Culture


John Dewey - 1939
    But with these changes have come the strains & tensions of conflicting interests, desires & values within the community. John Dewey, one of America's most prolific writers of popular philosophy, believed that humankind could keep a firm hold on its destiny only if the critical intelligence of scientific method & its democratic counterpart were emphasized & promoted. Freedom of inquiry, tolerance of diverse ideas & opinions, cultural pluralism, free speech & a willingness to cooperate in pursuit of shared values & ideals would be the springboard for social development.

Capitalism and Modern Social Theory: An Analysis of the Writings of Marx, Durkheim and Max Weber


Anthony Giddens - 1971
    The first three sections of the book, based on close textual examination of the original sources, contain separate treatments of each writer. The author demonstrates the internal coherence of their respective contributions to social theory. The concluding section discusses the principal ways in which Marx can be compared with the other two authors, and discusses misconceptions of some conventional views on the subject.

The Science of Liberty: Democracy, Reason and the Laws of Nature


Timothy Ferris - 2010
    In the grand tradition of such luminaries of the field as Bill Bryson, Richard Dawkins, and Oliver Sacks—as well as his own The Whole Shebang and Coming of Age in the Milky Way—Ferris has written a brilliant chronicle of how science sparked the spread of liberal democracy and transformed today’s world.

The Honor Code: How Moral Revolutions Happen


Kwame Anthony Appiah - 2010
    Over the last few centuries, new democratic movements have led to the emancipation of women, slaves, and the oppressed. But what drove these modern changes, Appiah argues, was not imposing legislation from above, but harnessing the ancient power of honor from within. In gripping detail, he explores the end of the duel in aristocratic England, the tumultuous struggles over footbinding in nineteenth-century China, and the uprising of ordinary people against Atlantic slavery. Finally, he confronts the horrors of "honor killing" in contemporary Pakistan, where rape victims are murdered by their relatives. He argues that honor, used to justify the practice, can also be the most effective weapon against it. Intertwining philosophy and historical narrative, Appiah has created a remarkably dramatic work, which demonstrates that honor is the driving force in the struggle against man's inhumanity to man.

Nationalism


Rabindranath Tagore - 1917
    These have offered us problems and claimed their solutions from us, the penalty of non-fulfilment being death or degradation.