Book picks similar to
Constitutional Theory by Carl Schmitt
philosophy
politics
law
political-philosophy
How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart
Jamal Greene - 2021
. . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them. As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.
The Rule of Law
Tom Bingham - 2010
The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
The Open Society and Its Enemies
Karl Popper - 1956
This legendary attack on the philosophies of Plato, Hegel and Marx prophesied the collapse of communism in Eastern Europe and exposed the fatal flaws of socially engineered political systems. It remains highly readable, erudite and lucid and as essential reading today as on publication in 1945. It is available here in a special centenary single-volume edition.
Spheres of Justice: A Defense of Pluralism and Equality
Michael Walzer - 1983
The distinguished political philosopher and author of the widely acclaimed Just and Unjust Wars analyzes how society distributes not just wealth and power but other social “goods” like honor, education, work, free time—even love.
The King's Two Bodies: A Study in Mediaeval Political Theology
Ernst H. Kantorowicz - 1957
In The King's Two Bodies, Kantorowicz traces the historical problem posed by the King's two bodies--the body politic and the body natural--back to the Middle Ages and demonstrates, by placing the concept in its proper setting of medieval thought and political theory, how the early-modern Western monarchies gradually began to develop a political theology.?The king's natural body has physical attributes, suffers, and dies, naturally, as do all humans; but the king's other body, the spiritual body, transcends the earthly and serves as a symbol of his office as majesty with the divine right to rule. The notion of the two bodies allowed for the continuity of monarchy even when the monarch died, as summed up in the formulation The king is dead. Long live the king.Bringing together liturgical works, images, and polemical material, The King's Two Bodies explores the long Christian past behind this political theology. It provides a subtle history of how commonwealths developed symbolic means for establishing their sovereignty and, with such means, began to establish early forms of the nation-state.Kantorowicz fled Nazi Germany in 1938, after refusing to sign a Nazi loyalty oath, and settled in the United States. While teaching at the University of California, Berkeley, he once again refused to sign an oath of allegiance, this one designed to identify Communist Party sympathizers. He was dismissed as a result of the controversy and moved to the Institute for Advanced Study in Princeton, where he remained for the rest of his life, and where he wrote The King's Two Bodies.
Considerations on France
Joseph de Maistre - 1796
The work of the self-exiled Maistre presents a providential interpretation of the French Revolution and argues for a new alliance of throne and altar under a restored Bourbon monarchy. Although Maistre's influence within France was delayed until the Restoration, he is now acknowledged as the most eloquent spokesperson for continental conservatism. This edition features an Introduction by Isaiah Berlin.
Ill Fares the Land
Tony Judt - 2010
Judt masterfully crystallizes what we’ve all been feeling into a way to think our way into, and thus out of, our great collective dis-ease about the current state of things.As the economic collapse of 2008 made clear, the social contract that defined postwar life in Europe and America – the guarantee of a basal level of security, stability and fairness -- is no longer guaranteed; in fact, it’s no longer part of the common discourse. Judt offers the language we need to address our common needs, rejecting the nihilistic individualism of the far right and the debunked socialism of the past. To find a way forward, we must look to our not so distant past and to social democracy in action: to re-enshrining fairness over mere efficiency.Distinctly absent from our national dialogue, social democrats believe that the state can play an enhanced role in our lives without threatening our liberties. Instead of placing blind faith in the market—as we have to our detriment for the past thirty years—social democrats entrust their fellow citizens and the state itself.Ill Fares the Land challenges us to confront our societal ills and to shoulder responsibility for the world we live in. For hope remains. In reintroducing alternatives to the status quo, Judt reinvigorates our political conversation, providing the tools necessary to imagine a new form of governance, a new way of life.
Capitalist Realism: Is There No Alternative?
Mark Fisher - 2009
What effects has this “capitalist realism” had on work, culture, education and mental health? Is it possible to imagine an alternative to capitalism that is not some throwback to discredited models of state control?
On Politics: A History of Political Thought From Herodotus to the Present
Alan Ryan - 2012
Whether examining Lord Acton’s dictum that “absolute power corrupts absolutely” or explicating John Stuart Mill’s contention that it is “better to be a human dissatisfied than a pig satisfied,” Alan Ryan evokes the lives and minds of our greatest thinkers in a way that makes reading about them a transcendent experience. Whether writing about Plato or Augustine, de Toqueville or Thomas Jefferson, Ryan brings a wisdom to his text that illuminates John Dewey’s belief that the role of philosophy is less to see truth than to enhance experience. With this unparalleled tour de force, Ryan emerges in his own right as one of the most influential political philosophers of our time.
The Globalization Paradox: Democracy and the Future of the World Economy
Dani Rodrik - 2010
The economic narratives that underpinned these eras—the gold standard, the Bretton Woods regime, the "Washington Consensus"—brought great success and great failure. In this eloquent challenge to the reigning wisdom on globalization, Dani Rodrik offers a new narrative, one that embraces an ineluctable tension: we cannot simultaneously pursue democracy, national self-determination, and economic globalization. When the social arrangements of democracies inevitably clash with the international demands of globalization, national priorities should take precedence. Combining history with insight, humor with good-natured critique, Rodrik's case for a customizable globalization supported by a light frame of international rules shows the way to a balanced prosperity as we confront today's global challenges in trade, finance, and labor markets.
The Federalist Papers
Alexander Hamilton - 1788
Ideal for anyone who wants to read a great work for the first time or revisit an old favorite, these new editions open the door to the stories and ideas that have shaped our world.
Is Democracy Possible Here?: Principles for a New Political Debate
Ronald Dworkin - 2006
In Congress, the media, and academic debate, opponents from right and left, the Red and the Blue, struggle against one another as if politics were contact sports played to the shouts of cheerleaders. The result, Ronald Dworkin writes, is a deeply depressing political culture, as ill equipped for the perennial challenge of achieving social justice as for the emerging threats of terrorism. Can the hope for change be realized? Dworkin, one the world's leading legal and political philosophers, identifies and defends core principles of personal and political morality that all citizens can share. He shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect. Only then can the full promise of democracy be realized in America and elsewhere.Dworkin lays out two core principles that citizens should share: first, that each human life is intrinsically and equally valuable and, second, that each person has an inalienable personal responsibility for identifying and realizing value in his or her own life. He then shows what fidelity to these principles would mean for human rights, the place of religion in public life, economic justice, and the character and value of democracy. Dworkin argues that liberal conclusions flow most naturally from these principles. Properly understood, they collide with the ambitions of religious conservatives, contemporary American tax and social policy, and much of the War on Terror. But his more basic aim is to convince Americans of all political stripes--as well as citizens of other nations with similar cultures--that they can and must defend their own convictions through their own interpretations of these shared values.
The Conquest of Bread
Pyotr Kropotkin - 1892
A combination of detailed historical analysis and far-reaching Utopian vision, this is a step-by-step guide to social revolution: the concrete means of achieving it, and the world that humanity’s “constructive genius” is capable of creating. Includes a new introduction that historically situates and discusses the contemporary relevance of Kropotkin’s ideas.
Private Government: How Employers Rule Our Lives
Elizabeth S. Anderson - 2017
We normally think of government as something only the state does, yet many of us are governed far more--and far more obtrusively--by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free--and why so many employers advocate less government even while they act as dictators in their businesses.In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society--from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln--were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures.Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom.Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.
Why Liberalism Failed
Patrick J. Deneen - 2018
This has created a peculiar situation in which liberalism’s proponents tend to forget that it is an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure.