Book picks similar to
The Problematics of Moral and Legal Theory by Richard A. Posner
law
philosophy
gryffindor
jurisprudence
Property and Freedom
Richard Pipes - 1999
He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.
Power and Powerlessness: Quiescence and Rebellion in an Appalachian Valley
John Gaventa - 1980
Explains to outsiders the conflicts between the financial interests of the coal and land companies, and the moral rights of the vulnerable mountaineers.
Understanding Beliefs
Nils J. Nilsson - 2014
Our beliefs constitute a large part of our knowledge of the world. We have beliefs about objects, about culture, about the past, and about the future. We have beliefs about other people, and we believe that they have beliefs as well. We use beliefs to predict, to explain, to create, to console, to entertain. Some of our beliefs we call theories, and we are extraordinarily creative at constructing them. Theories of quantum mechanics, evolution, and relativity are examples. But so are theories about astrology, alien abduction, guardian angels, and reincarnation. All are products (with varying degrees of credibility) of fertile minds trying to find explanations for observed phenomena. In this book, Nils Nilsson examines beliefs: what they do for us, how we come to hold them, and how to evaluate them. We should evaluate our beliefs carefully, Nilsson points out, because they influence so many of our actions and decisions.Some of our beliefs are more strongly held than others, but all should be considered tentative and changeable. Nilsson shows that beliefs can be quantified by probability, and he describes networks of beliefs in which the probabilities of some beliefs affect the probabilities of others. He argues that we can evaluate our beliefs by adapting some of the practices of the scientific method and by consulting expert opinion. And he warns us about "belief traps"--holding onto beliefs that wouldn't survive critical evaluation. The best way to escape belief traps, he writes, is to expose our beliefs to the reasoned criticism of others.
Trust: The Social Virtue and the Creation of Prosperity
Francis Fukuyama - 1995
In Trust, a penetrating assessment of the emerging global economic order "after History," he explains the social principles of economic life and tells us what we need to know to win the coming struggle for world dominance. Challenging orthodoxies of both the left and right, Fukuyama examines a wide range of national cultures in order to divine the underlying principles that foster social and economic prosperity. Insisting that we cannot divorce economic life from cultural life, he contends that in an era when social capital may be as important as physical capital, only those societies with a high degree of social trust will be able to create the flexible, large-scale business organizations that are needed to compete in the new global economy. A brilliant study of the interconnectedness of economic life with cultural life, Trust is also an essential antidote to the increasing drift of American culture into extreme forms of individualism, which, if unchecked, will have dire consequences for the nation's economic health.
Eugenics and Other Evils: An Argument Against the Scientifically Organized State
G.K. Chesterton - 1922
Wealthy families took it on as a pet cause, generously bankrolling its research. The New York Times praised it as a wonderful "new science." Scientists, such as the brilliant plant biologist, Luther Burbank, praised it unashamedly. Educators as prominent as Charles Elliot, President of Harvard University, promoted it as a solution to social ills. America's public schools did their part. In the 1920s, almost three-fourths of high school social science textbooks taught its principles. Not to be outdone, judges and physicians called for those principles to be enshrined into law. Congress agree, passing the 1924 immigration law to exclude from American shores the people of Eastern and Southern Europe that the idea branded as inferior. In 1927, the U. S. Supreme Court joined the chorus, ruling by a lopsided vote of 8 to 1 that the sterilization of unwilling men and women was constitutional. That idea was eugenics and in the English-speaking world it had virtually no critics among the "chattering classes." When he wrote this book, Chesterton stood virtually alone against the intellectual world of his day. Yet to his eternal credit, he showed no sign of being intimidated by the prestige of his foes. On the contrary, he thunders against eugenics, ranking it one of the great evils of modern society. And, in perhaps one of the most chillingly accurate prophecies of the century, he warns that the ideas that eugenics had unleashed were likely to bear bitter fruit in another nation. That nation was Germany, the "very land of scientific culture from which the ideal of a Superman had come." In fact, the very group that Nazism tried to exterminate, Eastern European Jews, and the group it targeted for later extermination, the Slavs, were two of those whose biological unfitness eugenists sought so eagerly to confirm.
The Politics of Truth
Michel Foucault - 1997
Two hundred years later, Michel Foucault wrote a response to Kant's initial essay, positioning Kant as the initiator of the discourse and critique of modernity. The Politics of Truth takes this initial encounter between Foucault and Kant, as a framework for its selection of unpublished essays and transcripts of lectures Foucault gave in America and France between 1978 and 1984, the year of his death. Ranging from reflections on the Enlightenment and revolution to a consideration of the Frankfurt School, this collection offers insight into the topics preoccupying Foucault as he worked on what would be his last body of published work, the three-volume History of Sexuality. It also offers what is in a sense the most "American" moment of Foucault's thinking, for it was in America that he realized the necessity of tying his own thought to that of the Frankfurt School.
Debating the Death Penalty: Should America Have Capital Punishment? the Experts on Both Sides Make Their Best Case
Hugo Bedau - 2004
Few controversies continue to stir as much emotion as this one, andpublic confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue arerevealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Isthe possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explainedwhy he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.
The Myth of Ownership: Taxes and Justice
Liam Murphy - 2002
Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or injustice in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights.
Habits of the Heart: Individualism and Commitment in American Life
Robert N. Bellah - 1985
Attention has been focused on forms of social organization, be it civil society, democratic communitarianism, or associative democracy, that can humanize the market and the administrative state. In their new Introduction the authors relate the argument of their book both to the current realities of American society and to the growing debate about the country's future. With this new edition one of the most influential books of recent times takes on a new immediacy.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Animal Rights: Current Debates and New Directions
Cass R. Sunstein - 2004
Addressing ethical questions about ownership, protection against unjustified suffering, and theability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentallyrethought. This book offers a state-of-the-art treatment of that rethinking.
A Secular Age
Charles Taylor - 2007
This book takes up the question of what these changes mean—of what, precisely, happens when a society in which it is virtually impossible not to believe in God becomes one in which faith is only one human possibility among others.
When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867-1973
Leslie J. Reagan - 1996
Wade, it's crucial to look back to the time when abortion was illegal. Leslie J. Reagan traces the practice and policing of abortion, which although illegal was nonetheless widely available, but always with threats for both doctor and patient. In a time when many young women don't even know that there was a period when abortion was a crime, this work offers chilling and vital lessons of importance to everyone. The linking of the words "abortion" and "crime" emphasizes the difficult and painful history that is the focus of Reagan's important book. Her study is the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with Roe v. Wade in 1973. Although illegal, millions of abortions were provided during these years to women of every class, race, and marital status. The experiences and perspectives of these women, as well as their physicians and midwives, are movingly portrayed here. Reagan traces the practice and policing of abortion. While abortions have been typically portrayed as grim "back alley" operations, she finds that abortion providers often practiced openly and safely. Moreover, numerous physicians performed abortions, despite prohibitions by the state and the American Medical Association. Women often found cooperative practitioners, but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion again under attack in the United States, this book offers vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
The Tragedy of Great Power Politics
John J. Mearsheimer - 2001
Mearsheimer, great power politics are tragic because the anarchy of the international system requires states to seek dominance at one another s expense, dooming even peaceful nations to a relentless power struggle. The best survival strategy in this dangerous world is to become a regional hegemon like the United States in the Western Hemisphere and to make sure that no other hegemon emerges elsewhere. In a new concluding chapter, Mearsheimer examines the course of Sino-American relations should China continue its ascent to greater economic and military power. He predicts that China will attempt to dominate Asia while the United States, determined to remain the world s sole regional hegemon, will go to great lengths to contain China. The tragedy of great power politics is inescapable."
The Trial of Socrates
I.F. Stone - 1988
Stone ranges far and wide over Roman as well as Greek history to present an engaging and rewarding introduction to classical antiquity and its relevance to society today. The New York Times called this national best-seller an "intellectual thriller."