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English-Speaking Justice by George Parkin Grant
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The Rights of War and Peace
Hugo Grotius - 1625
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.
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.
Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin
Corey Robin - 2011
Buckley made a confession to Corey Robin. Capitalism is "boring," said the founding father of the American right. "Devoting your life to it," as conservatives do, "is horrifying if only because it's so repetitious. It's like sex." With this unlikely conversation began Robin's decade-long foray into the conservative mind. What is conservatism, and what's truly at stake for its proponents? If capitalism bores them, what excites them?Tracing conservatism back to its roots in the reaction against the French Revolution, Robin argues that the right is fundamentally inspired by a hostility to emancipating the lower orders. Some conservatives endorse the free market, others oppose it. Some criticize the state, others celebrate it. Underlying these differences is the impulse to defend power and privilege against movements demanding freedom and equality.Despite their opposition to these movements, conservatives favor a dynamic conception of politics and society--one that involves self-transformation, violence, and war. They are also highly adaptive to new challenges and circumstances. This partiality to violence and capacity for reinvention has been critical to their success.Written by a keen, highly regarded observer of the contemporary political scene, The Reactionary Mind ranges widely, from Edmund Burke to Antonin Scalia, from John C. Calhoun to Ayn Rand. It advances the notion that all rightwing ideologies, from the eighteenth century through today, are historical improvisations on a theme: the felt experience of having power, seeing it threatened, and trying to win it back.
The Politics of Jesus
John Howard Yoder - 1972
But such a picture of Jesus is far from accurate, according to John Howard Yoder. This watershed work in New Testament ethics leads us to a Savior who was deeply concerned with the agenda of politics and the related issues of power, status, and right relations. By canvassing Luke's Gospel, Yoder argues convincingly that the true impact of Jesus' life and ministry on his disciples' social behavior points to a specific kind of Christian pacifism in which "the cross of Christ is the model of Christian social efficacy." This second edition of The Politics of Jesus provides up-to-date interaction with recent publications that touch on Yoder's timely topic. Following most of the chapters are new "epilogues" summarizing research conducted during the last two decades - research that continues to support the outstanding insights set forth in Yoder's original work.
Kindly Inquisitors: The New Attacks on Free Thought
Jonathan Rauch - 1993
Rauch explores how the system for producing knowledge works in a liberal society, and why it has now become the object of a powerful ideological attack. Moving beyond the First Amendment, he defends the morality, rather than the legality, of an intellectual regime that relies on unfettered and often hurtful criticism. Kindly Inquisitors is a refreshing and vibrant essay, casting a provocative light on the raging debates over political correctness and multiculturalism."Fiercely argued. . . . What sets his study apart is his attempt to situate recent developments in a long-range historical perspective and to defend the system of free intellectual inquiry as a socially productive method of channeling prejudice."—Michiko Kakutani, New York Times"Like no other, this book restates the core of our freedom and demonstrates how great, and disregarded, the peril to that freedom has become."—Joseph Coates, Chicago Tribune"The philosophical defense of free speech and free thought that seems to have been forgotten. . . . A powerful argument."—Diane Ravitch, Wall Street Journal
What We Owe to Each Other (Revised)
T.M. Scanlon - 1999
M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism.Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong.
The Case for Nationalism: How It Made Us Powerful, United, and Free
Rich Lowry - 2019
This is false. America is indisputably a nation, and one that desperately needs to protect its interests, its borders, and its identity. The Brexit vote and the election of Donald Trump swept nationalism to the forefront of the political debate. This is a good thing. Nationalism is usually assumed to be a dirty word, but it is a foundation of democratic self-government and of international peace.National Review editor Rich Lowry refutes critics on left and the right, reclaiming the term “nationalism” from those who equate it with racism, militarism and fascism. He explains how nationalism is an American tradition, a thread that runs through such diverse leaders as Alexander Hamilton, Teddy Roosevelt, Martin Luther King, Jr., and Ronald Reagan.In The Case for Nationalism, Lowry explains how nationalism was central to the American Project. It fueled the American Revolution and the ratification of the Constitution. It preserved the country during the Civil War. It led to the expansion of the American nation’s territory and power, and eventually to our invaluable contribution to creating an international system of self-governing nations.It’s time to recover a healthy American nationalism, and especially a cultural nationalism that insists on the assimilation of immigrants and that protects our history, civic rituals and traditions, which are under constant threat. At a time in which our nation is plagued by self-doubt and self-criticism, The Case for Nationalism offers a path for America to regain its national self-confidence and achieve continued greatness.
Moral Man and Immoral Society: Study in Ethics and Politics
Reinhold Niebuhr - 1932
Forthright and realistic, it discusses the inevitability of social conflict, the brutal behavior of human collectives of every sort, the inability of rationalists and social scientists to even imagine the realities of collective power, and, ultimately, how individual morality can overcome social immorality.The Library of Theological Ethics series focuses on what it means to think theologically and ethically. It presents a selection of important and otherwise unavailable texts in easily accessible form. Volumes in this series will enable sustained dialogue with predecessors though reflection on classic works in the field.
The Sources of Normativity
Christine M. Korsgaard - 1996
They make claims on us: they command, oblige, recommend, or guide. But where does their authority over us come from? Christine Korsgaard identifies and examines four accounts of the source of normativity that have been advocated by modern moral philosophers--voluntarism, realism, reflective endorsement, and the appeal to autonomy--and shows how Kant's autonomy-based account emerges as a synthesis of the other three. Her discussion is followed by commentary from G.A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard.
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.
What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution
Herbert J. Storing - 1981
Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
The Racial Contract
Charles W. Mills - 1997
Mills demonstrates how this peculiar and unacknowledged "contract" has shaped a system of global European domination: how it brings into existence "whites" and "non-whites," full persons and sub-persons, how it influences white moral theory and moral psychology; and how this system is imposed on non-whites through ideological conditioning and violence.The Racial Contract argues that the society we live in is a continuing white supremacist state. Holding up a mirror to mainstream philosophy, this provocative book explains the evolving outline of the racial contract from the time of the New World conquest and subsequent colonialism to the written slavery contract, to the "separate but equal" system of segregation in the United States. According to Mills, the contract has provided the theoretical architecture justifying an entire history of European atrocity against non-whites, from David Hume's and Immanuel Kant's claims that blacks had inferior cognitive power, to the Holocaust, to the kind of imperialism in Asia that was demonstrated by the Vietnam War. Mills suggests that the ghettoization of philosophical work on race is no accident. This work challenges the assumption that mainstream theory is itself raceless. Just as feminist theory has revealed orthodox political philosophy's invisible white male bias, Mills's explication of the racial contract exposes its racial underpinnings.
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.
Fascism and Democracy
George Orwell - 2020
this prospect frightens me much more than bombs'On the 70th anniversary of George Orwell's death, a new collection of his brilliant essays written during the Second World WarFascism and Democracy collects five brilliant examples of Orwell's writing during the darkest days of World War Two. Grappling with the principles of democracy and the potential of reform, the meaning of literature and free speech in times of violence, and the sustainability of objective truth, Orwell offers a compelling portrayal of a nation where norms and ideals can no longer be taken for granted. Like the best of Orwell's writing, these essays also serve as timeless reminders of the fragility of freedom.