Book picks similar to
Constitutional Theory by Carl Schmitt
philosophy
politics
law
history
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 Mass Psychology of Fascism
Wilhelm Reich - 1933
"Fascism is only the organized political expression of the structure of the average man's character. It is the basic emotional civilization and its mechanistic-mystical conception of life."Responsibility for the elimination of fascism thus results with the masses of average people who might otherwise support and champion it.
The Road to Unfreedom: Russia, Europe, America
Timothy Snyder - 2018
Observers declared the end of history, confident in a peaceful, globalized future. But we now know this to be premature. Authoritarianism first returned in Russia, as Putin developed a political system dedicated solely to the consolidation and exercise of power. In the last six years, it has creeped from east to west as nationalism inflames Europe, abetted by Russian propaganda and cyberwarfare. While countries like Poland and Hungary have made hard turns towards authoritarianism, the electoral upsets of 2016 revealed the citizens of the US and UK in revolt against their countries' longstanding policies and values.But this threat to the West also presents an opportunity to better understand the pillars of our own political order. In this forceful and unsparing work of contemporary history, Snyder goes beyond the headlines to expose the true nature of the threat to democracy. By showcasing the stark choices before us--between equality or oligarchy, individuality or totality, truth and falsehood--Snyder restores our understanding of the basis of our way of life, offering a way forward in a time of terrible uncertainty.
Anti-Oedipus: Capitalism and Schizophrenia
Gilles Deleuze - 1972
"An important text in the rethinking of sexuality and sexual politics spurred by the feminist and gay liberation movements".--Margaret Cerullo, Hampshire College.
The Myth of the Rational Voter: Why Democracies Choose Bad Policies
Bryan Caplan - 2007
This is economist Bryan Caplan's sobering assessment in this provocative and eye-opening book. Caplan argues that voters continually elect politicians who either share their biases or else pretend to, resulting in bad policies winning again and again by popular demand.Boldly calling into question our most basic assumptions about American politics, Caplan contends that democracy fails precisely because it does what voters want. Through an analysis of Americans' voting behavior and opinions on a range of economic issues, he makes the convincing case that noneconomists suffer from four prevailing biases: they underestimate the wisdom of the market mechanism, distrust foreigners, undervalue the benefits of conserving labor, and pessimistically believe the economy is going from bad to worse. Caplan lays out several bold ways to make democratic government work better--for example, urging economic educators to focus on correcting popular misconceptions and recommending that democracies do less and let markets take up the slack.The Myth of the Rational Voter takes an unflinching look at how people who vote under the influence of false beliefs ultimately end up with government that delivers lousy results. With the upcoming presidential election season drawing nearer, this thought-provoking book is sure to spark a long-overdue reappraisal of our elective system.
Democracy at Work: A Cure for Capitalism
Richard D. Wolff - 2012
This book is required reading for anyone concerned about a fundamental transformation of the ailing capitalist economy."—Cornel West“Richard Wolff’s constructive and innovative ideas suggest new and promising foundations for a much more authentic democracy and sustainable and equitable development, ideas that can be implemented directly and carried forward. A very valuable contribution in troubled times.”—Noam Chomsky"Probably America's most prominent Marxist economist."—The New York TimesCapitalism as a system has spawned deepening economic crisis alongside its bought-and-paid-for political establishment. Neither serves the needs of our society. Whether it is secure, well-paid, and meaningful jobs or a sustainable relationship with the natural environment that we depend on, our society is not delivering the results people need and deserve.One key cause for this intolerable state of affairs is the lack of genuine democracy in our economy as well as in our politics. The solution requires the institution of genuine economic democracy, starting with workers directing their own workplaces, as the basis for a genuine political democracy.Here Richard D. Wolff lays out a hopeful and concrete vision of how to make that possible, addressing the many people who have concluded economic inequality and politics as usual can no longer be tolerated and are looking for a concrete program of action.Richard D. Wolff is professor of economics emeritus at the University of Massachusetts, Amherst. He is currently a visiting professor at the New School for Social Research in New York. Wolff is the author of many books, including Capitalism Hits the Fan: The Global Economic Meltdown and What to Do About It. He hosts the weekly hour-long radio program Economic Update on WBAI (Pacifica Radio) and writes regularly for The Guardian, Truthout.org, and MRZine.
Discipline and Punish: The Birth of the Prison
Michel Foucault - 1975
This groundbreaking book by the most influential philosopher since Sartre compels us to reevaluate our assumptions about all the ensuing reforms in the penal institutions of the West. For as he examines innovations that range from the abolition of torture to the institution of forced labor and the appearance of the modern penitentiary, Michel Foucault suggests that punishment has shifted its focus from the prisoner's body to the soul — and that our very concern with rehabilitation encourages and refines criminal activity.Lucidly reasoned and deftly marshaling a vast body of research, Discipline and Punish is a genuinely revolutionary book, whose implications extend beyond the prison to the minute power relations of our society.
Human Rights: A Very Short Introduction
Andrew Clapham - 2007
Taking an international perspective, and focusing on highly topical issues such as torture, arbitrary detention, privacy, health, and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue. Looking at the philosophical justification for rights, the historical origins of human rights and how they are formed in law, Andrew Clapham explains what our human rights actually are, what they might be, and where the human rights movement is heading.
Radical Markets: Uprooting Capitalism and Democracy for a Just Society
Eric A. Posner - 2018
The solution is to rein in the market, right? Radical Markets turns this thinking--and pretty much all conventional thinking about markets, both for and against--on its head. The book reveals bold new ways to organize markets for the good of everyone. It shows how the emancipatory force of genuinely open, free, and competitive markets can reawaken the dormant nineteenth-century spirit of liberal reform and lead to greater equality, prosperity, and cooperation.Eric Posner and Glen Weyl demonstrate why private property is inherently monopolistic, and how we would all be better off if private ownership were converted into a public auction for public benefit. They show how the principle of one person, one vote inhibits democracy, suggesting instead an ingenious way for voters to effectively influence the issues that matter most to them. They argue that every citizen of a host country should benefit from immigration--not just migrants and their capitalist employers. They propose leveraging antitrust laws to liberate markets from the grip of institutional investors and creating a data labor movement to force digital monopolies to compensate people for their electronic data.Only by radically expanding the scope of markets can we reduce inequality, restore robust economic growth, and resolve political conflicts. But to do that, we must replace our most sacred institutions with truly free and open competition--Radical Markets shows how.
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.
Culture and Imperialism
Edward W. Said - 1993
Culture and Imperialism, by Edward Said, is a collection of thematically related essays that trace the connection between imperialism and culture throughout the 18th, 19th, and 20th centuries.
The Production of Space
Henri Lefebvre - 1991
His work spans some sixty years and includes original work on a diverse range of subjects, from dialectical materialism to architecture, urbanism and the experience of everyday life. The Production of Space is his major philosophical work and its translation has been long awaited by scholars in many different fields. The book is a search for a reconciliation between mental space (the space of the philosophers) and real space (the physical and social spheres in which we all live). In the course of his exploration, Henri Lefebvre moves from metaphysical and ideological considerations of the meaning of space to its experience in the everyday life of home and city. He seeks, in other words, to bridge the gap between the realms of theory and practice, between the mental and the social, and between philosophy and reality. In doing so, he ranges through art, literature, architecture and economics, and further provides a powerful antidote to the sterile and obfuscatory methods and theories characteristic of much recent continental philosophy. This is a work of great vision and incisiveness. It is also characterized by its author's wit and by anecdote, as well as by a deftness of style which Donald Nicholson-Smith's sensitive translation precisely captures.
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.
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 Conservative Mind: From Burke to Eliot
Russell Kirk - 1953
Buckley, Jr.Russell Kirk's The Conservative Mind is one of the greatest contributions to twentieth-century American conservatism. Brilliant in every respect, from its conception to its choice of significant figures representing the history of intellectual conservatism, The Conservative Mind launched the modern American Conservative Movement when it was first published in 1953 and has become an enduring classic of political thought.The seventh revised edition features the complete text and an introduction by publisher Henry Regency.A must-read.