Book picks similar to
The Problematics of Moral and Legal Theory by Richard A. Posner
law
gryffindor
jurisprudence
philosophy
Classics of Moral and Political Theory
Michael L. Morgan - 1992
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Constitutional Law for a Changing America: Rights, Liberties, and Justice
Lee J. Epstein - 1997
Can Congress impose limits to free speech on the Internet? May a doctor or a family member assist a terminally-ill patient to commit suicide? Is it constitutional for a government agency to give preferences to minorities in awarding federal contracts?Covers various Americans' right to the free exercise of religion, freedom of speech, and freedom of the press, discrimination and defendant's rights.
Taking Rights Seriously
Ronald Dworkin - 1977
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 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.
Political Liberalism
John Rawls - 1993
That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines?This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise "Political Liberalism, " which were cut short by his death."An extraordinary well-reasoned commentary on "A Theory of Justice."..a decisive turn towards political philosophy."--"Times Literary Supplement"
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
The Great Political Theories, Volume 2
Michael Curtis - 1962
Such essential forces as Revolution, Romanticism, Marxism, Anarchy, Utilitarianism, Theology, Idealism, and Nationalism are examined in detail and expounded by their leading exponents. Professor Curtis has written running commentary that places the extracts and their authors in the sequence of modern history.And newly added for this edition are studies of selected works by, John Stuart Mill, Alexander Herzen, Antonio Gramsci, Sebastian de Grazia, and John Rawls. Also new are a table of contents and an updated, comprehensive bibliography -- each clear and concise for easy reference.Together with the first volume, also available in a Discus edition, which covers political thought from Plato and Aristotle to Locke and Montesquieu, The Great Political Theories offers an unparalleled view of political thought in Western civilization.
Theonomy in Christian Ethics
Greg L. Bahnsen - 1977
It also teaches that since the fall it has always been unlawful to use the law of God in hopes of establishing one's own personal merit and justification. Commitment to obedience is but the lifestyle of faith, a token of gratitude for God's redeeming grace. Jesus said, "if you love Me, you will keep My commandments" (John 14:15). Moreover, we will strive to teach others to observe whatever He has commanded us (Mart. 28:18-20). Such healthy and necessary moral standards are surely not burdensome to the believer who bows to Christ as the Lord (1 John 5:3).Theonomy views God's laws directing moral behavior to be a reflection of His unchanging character; such laws are not arbitrary, but objectively, universally, and absolutely binding. It is God's law that "you are to be holy because I am holy" (1 Peter 1:16, citing Leviticus). The law may not be criticized or challenged by us. It is "holy, righteous and good" (Rom. 7:12). This moral law was revealed to Israel in oracles and ordinances, but even the Gentiles show the work of the law upon their hearts and know its ordinances from the natural order and inward conscience (Rom. 1:32; 2:14-15). Who, then, is under the authority of God's law? Paul answers "all the world" (Rom. 3:19).The law revealed by Moses and subsequent Old Testament authors was given within a covenantal administration of God's grace which included not only moral instruction, but gloriously and mercifully "promises, prophecies, sacrifices, circumcision, the paschal lamb, and other types and ordinances delivered to the people of the Jews, all foresignifying Christ to come" (Westminster Confession of Faith VII.5). God's revelation itself teaches us that New Covenant believers, who have the law powerfully written on their hearts, no longer follow the foreshadows and administrative details of the old covenant. They are obsolete (Heb. 8:13), having been imposed only until the time when the Messiah would come (Heb. 9:10; Col. 2:17). Theonomy teaches, then, that in regard to the Old Testament law, the New Covenant surpasses the Old Covenant in glory, power, and finality.Theonomy also teaches that civil rulers are morally obligated to enforce those laws of Christ, found throughout the Scriptures, which are addressed to magistrates (as well as to refrain from coercion in areas where God has not prescribed their intervention). As Paul wrote in Romans 13:1-10, magistrates—even the secular rulers of Rome—are obligated to conduct their offices as "ministers of God," avenging God's wrath against criminal evil-doers. They will give an account on the Final Day of their service before the King of kings, their Creator and Judge.
For Love of Country: Debating the Limits of Patriotism
Martha C. Nussbaum - 1996
At the center of this lively and utterly readable debate book is Martha Nussbaumis passionate argument against patriotism. At a time when our connections and obligations to the rest of the world grow only stronger, we should reject patriotism as a parochial ideal, she says, and instead see ourselves first of all as "citizens of the world." Fifteen writers and thinkers respond to Nussbaum's piece in short, hard-hitting, often brilliant essays, acknowledging the power of her argument, but often defending patriotisms and other local commitments with an eloquence equal to Nussbaum's. We hear from an astonishing range of writers from Robert Pinsky to Cornel West to Gertrude Himmelfarb to Sissela Bok. This is contemporary American philosophy at its most relevant and readable. At a time when debates about crises in Bosnia or Somalia are dominated by politicians and military leaders, here are the voices of philosophers and poets, literary scholars and historians. A book of surprising insights and diversity, For Love of Country is especially written for a wide audience and is sure to spark debate.
The Social Contract and Discourses
Jean-Jacques Rousseau - 1762
Self-serving monarchic social systems, which collectively reduced common people to servitude, were now attacked by Enlightenment philosophers, of whom Rouseau was a leading light.His masterpiece, The Social Contract, profoundly influenced the subsequent development of society and remains provocative in a modern age of continuing widespread vested interest.
This is the most comprehensive paperback edition available, with introduction, notes, index and chronology of Rousseau's life and times.
Selected Political Writings
Niccolò Machiavelli - 1994
Why a new translation? Machiavelli was never the dull, worthy, pedantic author who appears in the pages of other translations, says David Wootton in his Introduction. In the pages that follow I have done my best to let him speak in his own voice. (And indeed, Wootton’s Machiavelli does just that when the occasion demands: renderings of that most problematic of words, virtu, are in each instance followed by the Italian). Notes, a map, and an altogether remarkable Introduction no less authoritative for being grippingly readable, help make this edition an ideal first encounter with Machiavelli for any student of history and political theory.
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
Liberty Defined: 50 Essential Issues That Affect Our Freedom
Ron Paul - 2011
The term "Liberty" is so commonly used in our country that it has become a mere cliche. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, Liberty Defined sheds new light on a word that is losing its shape.
Pure Theory of Law
Hans Kelsen - 1934
A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
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.