Book picks similar to
Democracy and Distrust: A Theory of Judicial Review by John Hart Ely
law
politics
non-fiction
nonfiction
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court
John W. Dean - 2001
He was a young, well-polished lawyer who shared many of President Richard Nixon's philosophies and faced no major objections from the Senate. But in truth, the nomination was anything but straightforward. Now, for the first time, former White House counsel John Dean tells the improbable story of Rehnquist's appointment. Dean weaves a gripping account packed with stunning new revelations: of a remarkable power play by Nixon to stack the court in his favor by forcing resignations; of Rehnquist himself, who played a role in the questionable ousting of Justice Abe Fortas; and of Nixon's failed impeachment attempt against William 0. Douglas. In his initial confirmation hearings, Rehnquist provided outrageous and unbelievable responses to questions about his controversial activities in the '50s and '60s -- yet he was confirmed with little opposition. It was only later, during his confirmation as Chief Justice, that his testimony would come under fire -- raising serious questions as to whether he had perjured himself Using newly released tapes, his own papers, and documents unearthed from the National Archives, John Dean offers readers a place in the White House inner circle, providing an unprecedented look at a government process, and a stunning expose of the man who has influenced the United States Supreme Court for the last thirty years.
The Social Contract and Discourses
Jean-Jacques Rousseau - 1762
Self-serving monarchic social systems, which collectively reduced common people to servitude, were now attacked by Enlightenment philosophers, of whom Rouseau was a leading light.His masterpiece, The Social Contract, profoundly influenced the subsequent development of society and remains provocative in a modern age of continuing widespread vested interest.
This is the most comprehensive paperback edition available, with introduction, notes, index and chronology of Rousseau's life and times.
On Revolution
Hannah Arendt - 1956
She looks at the principles which underlie all revolutions, starting with the first great examples in America and France, and showing how both the theory and practice of revolution have since developed. Finally, she foresees the changing relationship between war and revolution and the crucial changes in international relations, with revolution becoming the key tactic.For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators.
The Revolution Will Not Be Funded: Beyond the Non-Profit Industrial Complex
Incite! Women of Color Against ViolencePaula X. Rojas - 2007
From art museums and university hospitals to think tanks and church charities, over 1.5 million organizations of staggering diversity share the tax-exempt 501(c)(3) designation, if little else. Many social justice organizations have joined this world, often blunting political goals to satisfy government and foundation mandates. But even as funding shrinks and government surveillance rises, many activists often find it difficult to imagine movement-building outside the nonprofit model. The Revolution Will Not Be Funded gathers original essays by radical activists from around the globe who are critically rethinking the long-term consequences of this investment. Together with educators and nonprofit staff they finally name the “nonprofit industrial complex” and ask hard questions: How did politics shape the birth of the nonprofit model? How does 501(c)(3) status allow the state to co-opt political movements? Activists--or careerists? How do we fund the movement outside this complex? Urgent and visionary, The Revolution Will Not Be Funded is an unbeholden exposé of the “nonprofit industrial complex” and its quietly devastating role in managing dissent.
Just and Unjust Wars: A Moral Argument With Historical Illustrations
Michael Walzer - 1976
He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity."
The Idea of Justice
Amartya Sen - 2009
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.
Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey
Linda Greenhouse - 2005
In clear and forceful prose, Becoming Justice Blackmun tells a judicial Horatio Alger story and a tale of a remarkable transformation . . . A page-turner."--The New York Times Book ReviewIn this acclaimed biography, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government, the Supreme Court. Greenhouse was the first print reporter to have access to the extensive archives of Justice Harry A. Blackmun (1908-99), the man behind numerous landmark Supreme Court decisions, including Roe v. Wade.Through the lens of Blackmun's private and public papers, Greenhouse crafts a compelling portrait of a man who, from 1970 to 1994, ruled on such controversial issues as abortion, the death penalty, and sex discrimination yet never lost sight of the human beings behind the legal cases. Greenhouse also paints the arc of Blackmun's lifelong friendship with Chief Justice Warren E. Burger, revealing how political differences became personal, even for two of the country's most respected jurists.From America's preeminent Supreme Court reporter, this is a must-read for everyone who cares about the Court and its impact on our lives.
The Great Transformation: The Political and Economic Origins of Our Time
Karl Polanyi - 1944
His analysis explains not only the deficiencies of the self-regulating market, but the potentially dire social consequences of untempered market capitalism. New introductory material reveals the renewed importance of Polanyi's seminal analysis in an era of globalization and free trade.
The Sociological Imagination
C. Wright Mills - 1959
Wright Mills is best remembered for his highly acclaimed work The Sociological Imagination, in which he set forth his views on how social science should be pursued. Hailed upon publication as a cogent and hard-hitting critique, The Sociological Imagination took issue with the ascendant schools of sociology in the United States, calling for a humanist sociology connecting the social, personal, and historical dimensions of our lives. The sociological imagination Mills calls for is a sociological vision, a way of looking at the world that can see links between the apparently private problems of the individual and important social issues.
The Communist Manifesto
Karl Marx - 1848
Formulating the principles of dialectical materialism, they believed that labor creates wealth, hence capitalism is exploitive and antithetical to freedom.This new edition includes an extensive introduction by Gareth Stedman Jones, Britain's leading expert on Marx and Marxism, providing a complete course for students of The Communist Manifesto, and demonstrating not only the historical importance of the text, but also its place in the world today.For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators.
Common Sense, The Rights of Man and Other Essential Writings
Thomas Paine - 1776
This volume also includes " The Crisis ," " The Age of Reason ," and " Agrarian Justice ."
The Death of the Liberal Class
Chris Hedges - 2010
It gives moral legitimacy to the state. It makes limited forms of dissent and incremental change possible. The liberal class posits itself as the conscience of the nation. It permits us, through its appeal to public virtues and the public good, to define ourselves as a good and noble people. Most importantly, on behalf of the power elite the liberal class serves as bulwarks against radical movements by offering a safety valve for popular frustrations and discontentment by discrediting those who talk of profound structural change. Once this class loses its social and political role then the delicate fabric of a democracy breaks down and the liberal class, along with the values it espouses, becomes an object of ridicule and hatred. The door that has been opened to proto-fascists has been opened by a bankrupt liberalism The Death of the Liberal Class examines the failure of the liberal class to confront the rise of the corporate state and the consequences of a liberalism that has become profoundly bankrupted. Hedges argues there are five pillars of the liberal establishment – the press, liberal religious institutions, labor unions, universities and the Democratic Party— and that each of these institutions, more concerned with status and privilege than justice and progress, sold out the constituents they represented. In doing so, the liberal class has become irrelevant to society at large and ultimately the corporate power elite they once served.
The Theory of Moral Sentiments
Adam Smith - 1759
Readers familiar with Adam Smith from The Wealth of Nations will find this earlier book a revelation. Although the author is often misrepresented as a calculating rationalist who advises the pursuit of self-interest in the marketplace, regardless of the human cost, he was also interested in the human capacity for benevolence — as The Theory of Moral Sentiments amply demonstrates.The greatest prudence, Smith suggests, may lie in following economic self-interest in order to secure the basic necessities. This is only the first step, however, toward the much higher goal of achieving a morally virtuous life. Smith elaborates upon a theory of the imagination inspired by the philosophy of David Hume. His reasoning takes Hume's logic a step further by proposing a more sophisticated notion of sympathy, leading to a series of highly original theories involving conscience, moral judgment, and virtue.Smith's legacy consists of his reconstruction of the Enlightenment idea of a moral, or social, science that embraces both political economy and the theory of law and government. His articulate expression of his philosophy continues to inspire and challenge modern readers.
The Tragedy of Great Power Politics
John J. Mearsheimer - 2001
Mearsheimer, great power politics are tragic because the anarchy of the international system requires states to seek dominance at one another s expense, dooming even peaceful nations to a relentless power struggle. The best survival strategy in this dangerous world is to become a regional hegemon like the United States in the Western Hemisphere and to make sure that no other hegemon emerges elsewhere. In a new concluding chapter, Mearsheimer examines the course of Sino-American relations should China continue its ascent to greater economic and military power. He predicts that China will attempt to dominate Asia while the United States, determined to remain the world s sole regional hegemon, will go to great lengths to contain China. The tragedy of great power politics is inescapable."