Book picks similar to
Law's Empire by Ronald Dworkin
law
philosophy
non-fiction
political-philosophy
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.
God of the Machine
Isabel Paterson - 1943
When it was published in 1943, Isabel Paterson's work provided fresh intellectual support for the endangered American belief in individual rights, limited government, and economic freedom. The crisis of today's collectivized nations would not have surprised Paterson; in The God of the Machine, she had explored the reasons for collectivism's failure. Her book placed her in the vanguard of the free-enterprise movement now sweeping the world.Paterson sees the individual creative mind as the dynamo of history, and respect for the individual's God-given rights as the precondition for the enormous release of energy that produced the modern world. She sees capitalist institutions as the machinery through which human energy works, and government as a device properly used merely to cut off power to activities that threaten personal liberty.Paterson applies her general theory to particular issues in contemporary life, such as education, .social welfare, and the causes of economic distress. She severely criticizes all but minimal application of government, including governmental interventions that most people have long taken for granted. The God of the Machine offers a challenging perspective on the continuing, worldwide debate about the nature of freedom, the uses of power, and the prospects of human betterment.Stephen Cox's substantial introduction to The God of the Machine is a comprehensive and enlightening account of Paterson's colorful life and work. He describes The God of the Machine as "not just theory, but rhapsody, satire, diatribe, poetic narrative." Paterson's work continues to be relevant because "it exposes the moral and practical failures of collectivism, failures that are now almost universally acknowledged but are still far from universally understood." The book will be essential to students of American history, political theory, and literature.
The Social Singularity: How decentralization will allow us to transcend politics, create global prosperity, and avoid the robot apocalypse
Max Borders - 2018
In this decentralization manifesto, futurist Max Borders shows that humanity is already building systems that will “underthrow” great centers of power. Exploring the promise of a decentralized world, Borders says we will: - Reorganize to collaborate and compete with AI; - Operate within networks of superior collective intelligence; - Rediscover our humanity and embrace values for an age of connection. With lively prose, Borders takes us on a tour of modern pagan festivals, cities of the future, and radically new ways to organize society. In so doing, he examines trends likely to revolutionize the ways we live and work. Although the technological singularity fast approaches, Borders argues, a parallel process of human reorganization will allow us to reap enormous benefits. The paradox? Our billion little acts of subversion will help us lead richer, healthier lives—and avoid the robot apocalypse.
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.
How Judges Think
Richard A. Posner - 2008
Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion.Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Against Democracy
Jason Brennan - 2016
They believe people have the right to an equal share of political power. And they believe that political participation is good for us--it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But, Jason Brennan says, they are all wrong.In this trenchant book, Brennan argues that democracy should be judged by its results--and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse--more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government--epistocracy, the rule of the knowledgeable--may be better than democracy, and that it's time to experiment and find out.A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines.
The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
The Legal Analyst: A Toolkit for Thinking about the Law
Ward Farnsworth - 2007
Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
American Cause
Russell Kirk - 1957
Russell Kirk, whose life and thought has recently been featured in C-SPAN's acclaimed American Writers series -- intended this little book to be an assertion of the moral and social principles upholding our nation. Kirk's primer is an aid to reflection on those principles -- political, economic, and religious -- that have united Americans when faced with challenges and threats from the enemies of ordered freedom. In this new age of terrorism, Kirk's lucid and straightforward presentation of the articles of American belief is both necessary and welcome. Gleaves Whitney's newly edited version of Kirk's work, combined with his insightful commentary, make The American Cause a timely addition to the literature of liberty.
Infinitely Demanding: Ethics of Commitment, Politics of Resistance
Simon Critchley - 2007
Part diagnosis of the times, part theoretical analysis of the impasses and possibilities of ethics and politics, part manifesto Infinitely Demandind identifies a massive political disappointment at the heart of liberal democracy and argues that what is called for is an ethics of commitment thatn can inform a radical politics. exploring the problem of ethics in Kant, Levinas, Badiou and Lacan that leads to a conception of subjectivity based on the infinite responsibility of an ethical demand, Critchley considers the possibility of political subjectivity and action after Marx and Marxism. Infinitely Demanding culminates in an argument for anarchism as an ethical practice and a renovating means of political organization.
Principles of Public International Law
Ian Brownlie - 1980
A new chapter on the Use of Force has been added and further discussion of the Environment. Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.
The Vocation Lectures: Science as a Vocation/Politics as a Vocation
Max Weber - 1919
Together in this volume, these newly translated lectures offer an ideal point of entry into Weber's central project: understanding how, as Weber put it, "in the West alone there have appeared cultural manifestations [that seem to] go in the direction of universal significance and validity.
Fear of Knowledge: Against Relativism and Constructivism
Paul Boghossian - 2006
In his long-awaited first book, Paul Boghossian critically examines such views and exposes their fundamental flaws.Boghossian focuses on three different ways of reading the claim that knowledge is socially constructed--one as a thesis about truth and two about justification. And he rejects all three. The intuitive, common-sense view is that there is a way the world is that is independent of human opinion; and that we are capable of arriving at beliefs about how it is that are objectively reasonable, binding on anyone capable of appreciating the relevant evidence regardless of their social or cultural perspective. Difficult as these notions may be, it is a mistake to think that philosophy has uncovered powerful reasons for rejecting them.This short, lucid, witty book shows that philosophy provides rock-solid support for common sense against the relativists. It will prove provocative reading throughout the discipline and beyond.
Grand New Party: How Republicans Can Win the Working Class and Save the American Dream
Ross Douthat - 2008
It can help you win the election and guide Republicans in shaping the political future.Memo to Democrats: Don't read this book. It's going to be THE political book of 2008. Republicans will be better off if you choose to ignore it." --William Kristol, editor, The Weekly StandardIn a provocative challenge to Republican conventional wisdom, two of the Right's rising young thinkers call upon the GOP to focus on the interests and needs of working-class voters.Grand New Party lays bare the failures of the conservative revolution and presents a detailed blueprint for building the next Republican majority. Blending history, analysis, and fresh, often controversial recommendations, Ross Douthat and Reihan Salam argue that it is time to move beyond the Reagan legacy and the mind-set of the current Republican power structure.In a concise examination of recent political trends, the authors show that the Democrats' cultural liberalism makes their party inherently hostile to the interests and values of the working class. But on a host of issues, today's Republican Party lacks a message that speaks to their economic aspirations. Grand New Party offers a new direction "a conservative vision of a limited-but-active government that tackles the threats to working-class prosperity and to the broader American Dream.With specific proposals covering such hot-button topics as immigration, health care, and taxes, Grand New Party will shake up the Right, challenge the Left, and force both sides to confront and adapt to the changing political landscape.
Restoring the Lost Constitution: The Presumption of Liberty
Randy E. Barnett - 2003
Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.