Book picks similar to
The Problematics of Moral and Legal Theory by Richard A. Posner
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philosophy
jurisprudence
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The Debate on the Constitution, Part 1: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: September 1787 to February 1788
Bernard BailynJoseph Barrell - 1993
Instead of revising the Articles of Confederation, the framers had created a fundamentally new national plan that placed over the states a supreme government with broad powers. They proposed to submit it to conventions in each state, elected “by the People thereof,” for ratification.Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution.Assembled here in chronological order are hundreds of newspaper articles, pamphlets, speeches, and private letters written or delivered in the aftermath of the Constitutional Convention. Along with familiar figures like Franklin, Madison, Patrick Henry, Jefferson, and Washington, scores of less famous citizens are represented, all speaking clearly and passionately about government. The most famous writings of the ratification struggle—the Federalist essays of Hamilton and Madison—are placed in their original context, alongside the arguments of able antagonists, such as “Brutus” and the “Federal Farmer.”Part One includes press polemics and private commentaries from September 1787 to January 1788. That autumn, powerful arguments were made against the new charter by Virginian George Mason and the still-unidentified “Federal Farmer,” while in New York newspapers, the Federalist essays initiated a brilliant defense. Dozens of speeches from the state ratifying conventions show how the “draft of a plan, nothing but a dead letter,” in Madison’s words, had “life and validity…breathed into it by the voice of the people.” Included are the conventions in Pennsylvania, where James Wilson confronted the democratic skepticism of those representing the western frontier, and in Massachusetts, where John Hancock and Samuel Adams forged a crucial compromise that saved the country from years of political convulsion.Informative notes, 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).
The Metaphysical Club
Louis Menand - 2001
Its members included Oliver Wendell Holmes, Jr, founder of modern jurisprudence; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist and the founder of semiotics. The club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea - an idea about ideas. This book is the story of that idea. Holmes, James and Peirce all believed that ideas are not things out there waiting to be discovered but are tools people invent - like knives and forks and microchips - to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals - that ideas are social. They do not develop according to some inner logic of their own but are entirely dependent - like germs - on their human carriers and environment. They also thought that the survival of any idea depends not on its immutability but on its adaptability.
The Thoreau You Don't Know: What the Prophet of Environmentalism Really Meant
Robert Sullivan - 2009
Dispelling common notions of Thoreau as a lonely eccentric cloistered at Walden Pond, Sullivan (whom the New York Times Book Review calls “an urban Thoreau”) paints a dynamic picture of Thoreau as the naturalist who founded our American ideal of “the Great Outdoors;” the rugged individual who honed friendships with Ralph Waldo Emerson and other writers; and the political activist who inspired Martin Luther King, Jr., Mahatma Gandhi, and other influential leaders of progressive change. You know Thoreau is one of America’s legendary writers…but the Thoreau you don’t know may be one of America’s greatest heroes.
The Cheating Culture: Why More Americans Are Doing Wrong to Get Ahead
David Callahan - 2004
Why all the cheating? Why now?You're standing at an ATM. It can't access account information but allows unlimited withdrawals. Do you take more than your balance? David Callahan thinks most of us would. Callahan pins the blame on the dog-eat-dog economic climate of the past two decades. An unfettered market and unprecedented economic inequality have corroded our values, he argues––and ultimately threaten the level playing field so central to American democracy itself. Through revealing interviews and extensive data, he takes us on a gripping tour of cheating in America and offers a powerful argument for why it matters. Lucidly written, scrupulously argued, The Cheating Culture is an important, original examination of the hidden costs of the boom years.
The Forgotten Presidents: Their Untold Constitutional Legacy
Michael J. Gerhardt - 2013
They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today.Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity.Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.
The Technological Society
Jacques Ellul - 1954
No conversation about the dangers of technology and its unavoidable effects on society can begin without a careful reading of this book."A magnificent book . . . He goes through one human activity after another and shows how it has been technicized, rendered efficient, and diminished in the process."-Harper's"One of the most important books of the second half of the twentieth-century. In it, Jacques Ellul convincingly demonstrates that technology, which we continue to conceptualize as the servant of man, will overthrow everything that prevents the internal logic of its development, including humanity itself-unless we take necessary steps to move human society out of the environment that 'technique' is creating to meet its own needs."-The Nation"A description of the way in which technology has become completely autonomous and is in the process of taking over the traditional values of every society without exception, subverting and suppressing these values to produce at last a monolithic world culture in which all non-technological difference and variety are mere appearance."-Los Angeles Free Press
The Mission of God: A Manifesto of Hope
Joseph Boot - 2014
Today, Western culture is facing an epochal turning point. Having largely abandoned the triune God and His Word in private and public life, the edifice of our civilization is crumbling. The humanistic and utopian architects of our "progressive" order erroneously assumed that our social order could remain stable and flourish without its foundation. The coming decades will accelerate our rapid decadent demise into pagan religion, economic decline and social decay, unless a renewal of Christian vitality is seen in the church by a recovery of biblical faith and truth for every area of life. The Mission of God is a clarion call for Christians and God's church to awaken and recover a full-orbed gospel and comprehensive faith that recognizes and applies the salvation-victory and lordship of Jesus Christ to all creation; from the family, to education, evangelism, law, church, state and every other sphere. Boot shows that the only hope for our time is the reign of Jesus Christ and His kingdom, arguing that, like a mustard seed, this kingdom grows as believers declare the good news and assert the crown rights of Christ the king, in the power and grace of the Holy Spirit.
The Mayflower Compact
Pilgrim Fathers - 1620
You read about it, now read it.
Against the State: An Anarcho-Capitalist Manifesto
Llewellyn H. Rockwell Jr. - 2014
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.
On Power: The Natural History of Its Growth
Bertrand De Jouvenel - 1945
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).
Love, Power and Justice: Ontological Analysis & Ethical Applications (Galaxy)
Paul Tillich - 1954
Speaking with understanding and force, he makes a basic analysis of love, power, and justice, all concepts fundamental in the mutual relations of people, of social groups, and of humankind to God. Hisconcern is to penetrate to the essential, or ontological foundation of the meaning of each of these words and thus save them from the vague talk, idealism, cynicism, and sentimentality with which they are usually treated. The basic unity of love, power, and justice is affirmed and described interms that are fresh and compelling.
War Against the Weak: Eugenics and America's Campaign to Create a Master Race
Edwin Black - 2003
Based on selective breeding of human beings, eugenics began in laboratories on Long Island but ended in the concentration camps of Nazi Germany. Cruel and racist laws were enacted in 27 U.S. states, while the supporters of eugenics included progressive thinkers like Woodrow Wilson, Margaret Sanger and Oliver Wendell Holmes. Ultimately, over 60,000 "unfit" Americans were coercively sterilized, a third of them after Nuremberg had declared such practices crimes against humanity. This is a timely and shocking chronicle of bad science at its worst—with many important lessons for the genetic age in which an interest in eugenics has been dangerously revived.
Free Market Fairness
John Tomasi - 2012
Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style.Provocative and vigorously argued, "Free Market Fairness" offers a bold new way of thinking about politics, economics, and justice--one that will challenge readers on both the left and right.
Mistaken Identity: Race and Class in the Age of Trump
Asad Haider - 2018
The recent experience of the Democratic primaries and the re-emergence of social movements from Occupy to Black Lives Matter has generated a new context for identity politics to become an active force, and new ground to relitigate the frustrating debates between the partisans of "race" and "class" ad infinitum. In Mistaken Identity, Asad Haider reaches for a different approach - one rooted in the rich legacies of the black freedom struggle. Drawing from the words and deeds of black revolutionary theorists, he argues that identity politics is not synonymous with anti-racism, but instead amounts to the neutralization of its movements, a retreat from the crucial passage from identity to solidarity, and from individual recognition to collective struggle against an oppressive social structure. Mistaken Identity is an urgent call for alternative visions, languages, and practices against the white identity politics of right-wing populism. Responding with a contrary, pluralist identity politics has proven successful. The idea of universal emancipation now seems old-fashioned and outmoded. But if we are attentive to the lines of struggle which lie outside the boundaries of the state, we will see that it has been placed on the agenda once again.
Reasons and Persons
Derek Parfit - 1984
It is often rational to act against our own best interests, he argues, and most of us have moralviews that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions that most of us will find very disturbing.