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.

    Thomas Jefferson, a brilliant political thinker, is perhaps best known for the Declaration of Independence, but he was a man of extraordinarily wide interests.He was exceptionally controversial in his own time, and many of his ideas remain the subject of national debate. In his arguments for a system of general education, for local rather than central authority, for caution in international affairs, for religious and intellectual freedom, and for economic and social justice, Jefferson defined the issues that still direct our national political life centuries after the nation's formation. This volume will give readers the opportunity to reassess one of our most influential presidents.Jefferson's First Inaugural Address is a resounding statement of faith in a democracy of enlightened people. His Notes on the State of Virginia (1785) is an invaluable record of the landscape, inhabitants, life, and daily customs of America in the Revolutionary and early national eras. His letters, more than two hundred and fifty of which are gathered here, are brilliant urbane missives to such men as Patrick Henry, Thomas Paine, Lafayette, John Adams and James Madison. His slim Autobiography (1821), written "for my own more ready reference, and for the information of my family," hardly hints at the influence and impact he had as Secretary of State under George Washington, Minister to France, opposition-party Vice President to John Adams, and, after leaving the presidency, founder of the University of Virginia.His public papers and addresses fully demonstrate both the breadth of his interests and the power of his expressive mind. Extensively read (his personal library of ten thousand volumes became the foundation of the Library of Congress) and widely traveled, Jefferson wrote with ease and spontaneity about science, archaeology, botany and gardening, religion, literature, architecture, education, the habits of his fellow citizens, and, of course, his beloved home, Monticello.Jefferson's prose has an energy, clarity, and charming off-handedness, consistent with his conviction that style in writing should impose no barrier between the most educated and the most common reader. For those who want a renewed sense of the opportunity for human freedom that the United States represented to its founders, this is an indispensable book.

    But how, then, is it possible for us to be conscious, or to make genuine choices? And how can there be an ethical dimension to such choices? Drescher sketches computational models of consciousness, choice, and subjunctive reasoning--what would happen if this or that were to occur?--to show how such phenomena are compatible with a mechanical, even deterministic universe. Analyses of Newcomb's Problem (a paradox about choice) and the Prisoner's Dilemma (a paradox about self-interest vs. altruism, arguably reducible to Newcomb's Problem) help bring the problems and proposed solutions into focus. Regarding quantum mechanics, Drescher builds on Everett's relative-state formulation--but presenting a simplified formalism, accessible to laypersons--to argue that, contrary to some popular impressions, quantum mechanics is compatible with an objective, deterministic physical reality, and that there is no special connection between quantum phenomena and consciousness.In each of several disparate but intertwined topics ranging from physics to ethics, Drescher argues that a missing technical linchpin can make the quest for objectivity seem impossible, until the elusive technical fix is at hand.

    In selecting the texts Professor J. L. Ackrill has drawn on his broad experience of teaching graduate classes, and his choice reflects issues of current philosophical interest as well as the perennial themes. Only recent translations which achieve a high level of accuracy have been chosen; the aim is to place the Greekless reader, as nearly as possible, in the position of a reader of Greek. As an aid to study, Professor Ackrill supplies a valuable guide to the key topics covered. The guide gives references to the works or passages contained in the reader, and indication of their interrelations, and current bibliography.

    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.

    And anyone with a more than cursory knowledge of history knows that there was once an entity called Christendom - a political society self-consciously in obeisance to a total Christian view of life.Here in one concise volume is St. Augustine's brilliant analysis of where faith and politics meet - casting a penetrating light on Roman civilization, the coming Middle Ages, ecclesiastical politics, and some of the most powerful ideas in the Western tradition, including Augustine's famous "just war theory" and his timeless ideas of how men should live in society. With the classic introduction by Henry Paolucci and an analysis by Dino Bigongiari.

    However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean  Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

    (1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.

    

    Questions about our attitudes to death, sexual behaviour, social inequality, war and political power are shown to lead to more obviously philosophical problems about personal identity, consciousness, freedom, and value. This original and illuminating book aims at a form of understanding that is both theoretical and personal in its lively engagement with what are literally issues of life and death.

    He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

    This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers.

    In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.

    Despite the vast differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings.

    This handsome new edition of Stanley Cavell's landmark text, first published 20 years ago, provides a new preface that discusses the reception and influence of his work, which occupies a unique niche between philosophy and literary studies.