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.

    There are times, G. A. Cohen notes, when we all behave like socialists. On a camping trip, for example, campers wouldn't dream of charging each other to use a soccer ball or for fish that they happened to catch. Campers do not give merely to get, but relate to each other in a spirit of equality and community. Would such socialist norms be desirable across society as a whole? Why not? Whole societies may differ from camping trips, but it is still attractive when people treat each other with the equal regard that such trips exhibit. But, however desirable it may be, many claim that socialism is impossible. Cohen writes that the biggest obstacle to socialism isn't, as often argued, intractable human selfishness--it's rather the lack of obvious means to harness the human generosity that is there. Lacking those means, we rely on the market. But there are many ways of confining the sway of the market: there are desirable changes that can move us toward a socialist society in which, to quote Albert Einstein, humanity has "overcome and advanced beyond the predatory stage of human development."

    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

    It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom - amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed - and why we need to change course before we do irretrievable damage.

    His work has affected the teaching of any number of disciplines and remains, twenty years after his death, critically important. This newly available edition is drawn from the complete collection of all of Foucault's courses, articles, and interviews, and brings his most important work to a new generation of readers.Ethics (edited by Paul Rabinow) contains the summaries of Foucault's renowned courses at the Collège de France, paired with key writings and interviews on friendship, sexuality, and the care of the self and others.

    The sense in which the natural sciences are exemplary for inquiry is explicated in terms of the moral virtues of scientific communities rather than in terms of a special scientific method. The volume concludes with reflections on the relation of social democratic politics to philosophy.

    Routledge is an imprint of Taylor & Francis, an informa company.

    It is the long-awaited follow-up to Derek Parfit's 1984 book Reasons and Persons, one of the landmarks of twentieth-century philosophy. In this first volume Parfit presents a powerful new treatment of reasons and rationality, and a criticalexamination of three systematic moral theories -- Kant's ethics, contractualism, and consequentialism -- leading to his own ground-breaking synthetic conclusion. Along the way he discusses a wide range of moral issues, such as the significance of consent, treating people as a means rather than anend, and free will and responsibility. On What Matters is already the most-discussed work in moral philosophy: its publication is likely to establish it as a modern classic which everyone working on moral philosophy will have to read, and which many others will turn to for stimulation andillumination.

    Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.

    . . in itself a directedness towards knowledge of the good: of the good life, or of the good society. For the good society is the complete political good. If this directedness becomes explicit, if men make it their explicit goal to acquire knowledge of the good life and of the good society, political philosophy emerges. . . . The theme of political philosophy is mankind's great objectives, freedom and government or empire—objectives which are capable of lifting all men beyond their poor selves. Political philosophy is that branch of philosophy which is closest to political life, to non-philosophic life, to human life."—From "What Is Political Philosophy?" What Is Political Philosophy?—a collection of ten essays and lectures and sixteen book reviews written between 1943 and 1957—contains some of Leo Strauss's most famous writings and some of his most explicit statements of the themes that made him famous. The title essay records Strauss's sole extended articulation of the meaning of political philosophy itself. Other essays discuss the relation of political philosophy to history, give an account of the political philosophy of the non-Christian Middle Ages and of classic European modernity, and present his theory of esoteric writing.

    He was constitutionally incapable of writing with the opacity of the specialist, but these shorter, more introductory pieces provide the perfect starting-point for the reader new to his work. Those who are already familiar with his writing will also be grateful for this further addition to his collected essays.The connecting theme of these essays, as in the case of earlier volumes, is the crucial social and political role--past, present and future--of ideas, and of their progenitors. A rich variety of subject-matters is represented--from philosophy to education, from Russia to Israel, from Marxism to romanticism--so that the truth of Heine's warning is exemplified on a broad front. It is a warning that Berlin often referred to, and provides an answer to those who ask, as from time to time they do, why intellectual history matters.Among the contributions are My Intellectual Path, Berlin's last essay, a retrospective autobiographical survey of his main preoccupations; and Jewish Slavery and Emancipation, the classic statement of his Zionist views, long unavailable in print. His other subjects include the Enlightenment, Giambattista Vico, Vissarion Belinsky, Alexander Herzen, G.V. Plekhanov, the Russian intelligentsia, the idea of liberty, political realism, nationalism, and historicism. The book exhibits the full range of his enormously wide expertise and demonstrates the striking and enormously engaging individuality, as well as the power, of his own ideas.Over a hundred years ago, the German poet Heine warned the French not to underestimate the power of ideas: philosophical concepts nurtured in the stillness of a professor's study could destroy a civilization.--Isaiah Berlin, Two Concepts of Liberty, 1958

    Looking at the efforts of philosophers from the Enlightenment through the twentieth century, Putnam traces the ways in which ethical problems arise in a historical context. Hilary Putnam's central concern is ontology--indeed, the very idea of ontology as the division of philosophy concerned with what (ultimately) exists. Reviewing what he deems the disastrous consequences of ontology's influence on analytic philosophy--in particular, the contortions it imposes upon debates about the objective of ethical judgments--Putnam proposes abandoning the very idea of ontology. He argues persuasively that the attempt to provide an ontological explanation of the objectivity of either mathematics or ethics is, in fact, an attempt to provide justifications that are extraneous to mathematics and ethics--and is thus deeply misguided.

    Turchin argues that the key to the formation of an empire is a society’s capacity for collective action. He demonstrates that high levels of cooperation are found where people have to band together to fight off a common enemy, and that this kind of cooperation led to the formation of the Roman and Russian empires, and the United States. But as empires grow, the rich get richer and the poor get poorer, conflict replaces cooperation, and dissolution inevitably follows. Eloquently argued and rich with historical examples, War and Peace and War offers a bold new theory about the course of world history.

    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.

    From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.