Book picks similar to
Constitutional Theory by Carl Schmitt
philosophy
politics
law
política
The Sexual Contract
Carole Pateman - 1988
The sexual contract is ignored and thus men's patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order.One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory.The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination.
Fascism: Comparison and Definition
Stanley G. Payne - 1980
“An impressive review of reputed fascist movements, at once setting them apart from other authoritarian nationalist organizations and bringing them together within a qualified generic category. Running throughout the volume, and valuable to readers at every level, is a careful critique of the major debates that divide scholars on this most unintelligible ‘ism’ of them all. Payne precisely defines issues, cites the best literature in the major European languages, and offers with moderation and intelligence his own conclusions on the question.”—Gilbert Allardyce, American Historical Review
Justice and the Politics of Difference
Iris Marion Young - 1990
It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. Starting from claims of excluded groups about decision making, cultural expression, and division of labor, Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. This is an innovative work, an important contribution to feminist theory and political thought, and one of the most impressive statements of the relationship between postmodernist critiques of universalism and concrete thinking.... Iris Young makes the most convincing case I know of for the emancipatory implications of postmodernism. --Seyla Benhabib, State University of New York at Stony Brook
How Democracies Die: What History Reveals About Our Future
Steven Levitsky - 2018
Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.
Democracy in America
Alexis de Tocqueville - 1835
Alexis de Tocqueville, a young French aristocrat, came to the young nation to investigate the functioning of American democracy & the social, political & economic life of its citizens, publishing his observations in 1835 & 1840. Brilliantly written, vividly illustrated with vignettes & portraits, Democracy in America is far more than a trenchant analysis of one society at a particular point in time. What will most intrigue modern readers is how many of the observations still hold true: on the mixed advantages of a free press, the strained relations among the races & the threats posed to democracies by consumerism & corruption. So uncanny is Tocqueville’s insight & so accurate are his predictions, that it seems as tho he were not merely describing the American identity but actually helping to create it.
Domination and the Arts of Resistance: Hidden Transcripts
James C. Scott - 1990
Peasants, serfs, untouchables, slaves, laborers, and prisoners are not free to speak their minds in the presence of power. These subordinate groups instead create a secret discourse that represents a critique of power spoken behind the backs of the dominant. At the same time, the powerful also develop a private dialogue about practices and goals of their rule that cannot be openly avowed. In this book, renowned social scientist James C. Scott offers a penetrating discussion both of the public roles played by the powerful and powerless and the mocking, vengeful tone they display off stage—what he terms their public and hidden transcripts. Using examples from the literature, history, and politics of cultures around the world, Scott examines the many guises this interaction has taken throughout history and the tensions and contradictions it reflects.
The Conscience of a Conservative
Barry M. Goldwater - 1960
Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.
Anarchy, State, and Utopia
Robert Nozick - 1974
National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the U.K. Times Literary Supplement.
Leviathan
Thomas Hobbes - 1651
But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world.
Liberalism and the Limits of Justice
Michael J. Sandel - 1982
It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique of contemporary liberalism. This new edition includes a new introduction and a new final chapter in which Professor Sandel responds to the later work of John Rawls.
Beyond Human Rights
Alain de Benoist - 2011
Alain de Benoist begins Beyond Human Rights with an examination of the origins of the concept of 'human rights' in European Antiquity, in which rights were defined in terms of the individual's relationship to his community, and were understood as being exclusive to that community alone. This changed with the coming of Christianity to Europe, after which rights were redefined as a universal concept derived from the idea of each individual as the possessor of a soul that is transcendent and independent of any social identity. This culminated in the Enlightenment belief in 'natural rights', which found its practical expression in the doctrines emerging from the American and French revolutions, in which all individuals were said to possess rights simply by virtue of the fact of their being human. In turn, laws issued by the State came to be viewed as negative impositions upon the naturally independent individual. De Benoist deconstructs this idea and shows how the myth of a 'natural man' who possesses rights independent of his community is indefensible, and how this conception of rights has, in modern times, led to their use as a weapon by stronger nations to bludgeon those weaker states which do not conform to the Western liberal-democratic form of rights, as we have recently seen in action in the former Yugoslavia, Iraq and Libya. As such, he presents us with a crucial critique of one of the major issues of our time.
First as Tragedy, Then as Farce
Slavoj Žižek - 2009
So why has it not been possible to bring the same forces to bear in addressing world poverty and environmental crisis?In this take-no-prisoners analysis, Slavoj Žižek frames the moral failures of the modern world in terms of the epoch-making events of the first decade of this century. What he finds is the old one-two punch of history: the jab of tragedy, the right hook of farce. In the attacks of 9/11 and the global credit crunch, liberalism dies twice: as a political doctrine, and as an economic theory.First as Tragedy, Then as Farce is a call for the Left to reinvent itself in the light of our desperate historical situation. The time for liberal, moralistic blackmail is over.
Not a Suicide Pact: The Constitution in a Time of National Emergency
Richard A. Posner - 2006
citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
General Theory of Law and State
Hans Kelsen - 1945
This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
What Is Populism?
Jan-Werner Müller - 2014
But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? These questions have never been more pressing.In this groundbreaking volume, Jan-Werner MUller argues that at populism's core is a rejection of pluralism. Populists will always claim that they and they alone represent the people and their true interests. MUller also shows that, contrary to conventional wisdom, populists can govern on the basis of their claim to exclusive moral representation of the people: if populists have enough power, they will end up creating an authoritarian state that excludes all those not considered part of the proper "people." The book proposes a number of concrete strategies for how liberal democrats should best deal with populists and, in particular, how to counter their claims to speak exclusively for "the silent majority" or "the real people."Analytical, accessible, and provocative, What Is Populism? is grounded in history and draws on examples from Latin America, Europe, and the United States to define the characteristics of populism and the deeper causes of its electoral successes in our time.