Just and Unjust Wars: A Moral Argument With Historical Illustrations


Michael Walzer - 1976
    He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity."

False Justice: Eight Myths that Convict the Innocent


Jim Petro - 2011
    Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, "False Justice "is ideal for use in a wide array of criminal justice and criminology courses.Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant s decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in "False Justice."Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1980s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe and research and logic suggest that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty.Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. "False Justice" explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections.Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of "False Justice" we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct both police and prosecutor and in some cases both in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error."Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. "False Justice" shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony.Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve.Myth 7: It dishonors the victim to question a conviction. "False Justice" reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does "that" honor victims?Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. "False Justice" recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us everyday American citizens not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer."

The Idea of Justice


Amartya Sen - 2009
    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.

Law, Liberty, and Morality


H.L.A. Hart - 1963
    Friedmann, Natural Law Forum

Homo Sacer: Sovereign Power and Bare Life


Giorgio Agamben - 1994
    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.

How to Pray When You are under Attack


D.K. Olukoya - 2010
    Now more than ever, he unleashes his rage and destruction against people because he knows that his time is short. Christians especially experience strange attacks, both physical and spiritual, day and night. In such conditions, we are not expected to be helpless or defenceless, rather, we are supposed to pray and subdue the enemies who have come to attack us, and quench them as the fire of thorns.

The Morality of Law


Lon L. Fuller - 1965
    Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor.                                                                                                                                                                                   In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression.                                                                                                                                                                                                                           “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice

Stubborn Attachments: A Vision for a Society of Free, Prosperous, and Responsible Individuals


Tyler Cowen - 2018
    Through history, economic growth, in particular, has alleviated human misery, improved human happiness and opportunity, and lengthened human lives. Wealthier societies are more stable, offer better living standards, produce better medicines, and ensure greater autonomy, greater fulfillment, and more sources of fun. If we want to continue on our trends of growth, and the overwhelmingly positive outcomes for societies that come with it, every individual must become more concerned with the welfare of those around us and in the world at large and most of all our descendants in the future. So, how do we proceed? Tyler Cowen, in a culmination of 20 years of thinking and research, provides a roadmap for moving forward. In this new book, Stubborn Attachments: A Vision for a Society of Free, Prosperous, and Responsible Individuals, Cowen argues that our reason and common sense can help free us of the faulty ideas that hold us back as people and as a society. Stubborn Attachments, at its heart, makes the contemporary moral case for economic growth and delivers a great dose of inspiration and optimism about our future possibilities. As a means of practicing the altruism that Stubborn Attachments argues for, Tyler Cowen is donating all earnings from this book to a man he met in Ethiopia earlier this year with aspirations to open his own travel business.

Free to Believe: The Battle Over Religious Liberty in America


Luke Goodrich - 2019
     WINNER OF THE CHRISTIAN BOOK AWARD(R) - THE GOSPEL COALITION'S BEST BOOK OF THE YEAR, PUBLIC THEOLOGY & CURRENT EVENTS - NAMED ONE OF THE BEST BOOKS OF THE YEAR BY WORLD MAGAZINE Many Americans feel like their religious freedom is under attack. They see the culture changing around them, and they fear that their beliefs will soon be punished as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution.In Free to Believe leading religious freedom attorney Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today. With penetrating insights on gay rights, abortion rights, Islam, and the public square, Goodrich argues that threats to religious freedom are real--but they might not be quite what you think.As a lawyer at the Becket Fund for Religious Liberty, Goodrich has won several historic Supreme Court victories for clients such as the Little Sisters of the Poor and Hobby Lobby. Combining frontline experience with faithful attention to Scripture, Goodrich shows why religious freedom matters, how it is threatened, and how to protect it. The result is a groundbreaking book full of clear insight, practical wisdom, and refreshing hope for all people of faith.

Reset: How This Crisis Can Restore Our Values and Renew America


Kurt Andersen - 2009
    “But it isn’t the end of the world.” In this smart and refreshingly hopeful book, Andersen–a brilliant analyst and synthesizer of historical and cultural trends, as well as a bestselling novelist and host of public radio’s Studio 360–shows us why the current economic crisis is actually a moment of great opportunity to get ourselves and our nation back on track.Historically, America has always shifted between wild, exuberant speculation and steady, sober hard work, as well as back and forth between economic booms and busts, and between right and left politically. This is one of the rare moments when all these cycles shift dramatically and simultaneously–a moment when complacency ends, ossified structures loosen up, and enormous positive change is possible. The shock to the system can enable each of us to rethink certain habits and focus more on the things that make us authentically happy. The present flux can enable us as a society to consolidate the enormous gains of the last several decades in areas such as technology, crime prevention, women’s and civil rights, and the democratization of the planet. We can reap the fruits of a revival of realism and pragmatism at home and abroad. As we enter a new era of post-party-line common sense, we can start to reinvent hopelessly broken systems–in health care, education, climate change, and more–and rediscover some of the old-fashioned American values of which we’ve lost sight.In Reset, Andersen explains how we’ve done it before and why we are about to do it again–and better than ever.

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.

Dismantling the Empire: America's Last Best Hope


Chalmers Johnson - 2010
    Now, in a brilliant series of essays written over the last three years, Johnson measures that price and the resulting dangers America faces. Our reliance on Pentagon economics, a global empire of bases, and war without end is, he declares, nothing short of "a suicide option.""Dismantling the Empire" explores the subjects for which Johnson is now famous, from the origins of blowback to Barack Obama's Afghanistan conundrum, including our inept spies, our bad behavior in other countries, our ill-fought wars, and our capitulation to a military that has taken ever more control of the federal budget. There is, he proposes, only one way out: President Obama must begin to dismantle the empire before the Pentagon dismantles the American Dream. If we do not learn from the fates of past empires, he suggests, our decline and fall are foreordained. This is Johnson at his best: delivering both a warning and an urgent prescription for a remedy.

Natural Law and Natural Rights


John Finnis - 1980
    This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.

Justice: Rights and Wrongs


Nicholas Wolterstorff - 2007
    Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.

The Ethics of Redistribution


Bertrand De Jouvenel - 1951
    Rather, he stresses the commonly disregarded ethical arguments showing that redistribution is ethically indefensible for, and practically unworkable in, a complex society.A new introduction relates Jouvenel's arguments to current discussions about the redistributionist state and draws out many of the points of affinity with the works of Buchanan, Hayek, Rawls, and others.