Book picks similar to
Law and Disagreement by Jeremy Waldron


philosophy
politics
law
wtr-long-term-non-fiction

On Liberty and Other Essays


John Stuart Mill - 1989
    In his Introduction John Gray describes these essays as applications of Mill's doctrine of the Art of Life, as set out in A System of Logic. Using the resources of recent scholarship, he shows Mill's work to be far richer and subtler than traditional interpretations allow.

The Lesser Evil: Political Ethics in an Age of Terror


Michael Ignatieff - 2004
    But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today.Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil.In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent.The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.

The Ethics of Liberty


Murray N. Rothbard - 1981
    Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position.What distinguishes Rothbard's book is the manner in which it roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. An economist by profession, Rothbard here proves himself equally at home with philosophy. And while his conclusions are radical--that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state--his applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions.The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This edition is newly indexed and includes a new introduction that takes special note of the Robert Nozick-Rothbard controversies.

Why Tolerate Religion?


Brian Leiter - 2012
    He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

We have now begun our descent: How to Stop South Africa losing its way


Justice Malala - 2015
    I am furious. Because I never thought it would happen to us. Not us, the rainbow nation that defied doomsayers and suckled and nurtured a fragile democracy into life for its children. I never thought it would happen to us, this relentless decline, the flirtation with a leap over the cliff.” In a searing, honest paean to his country, renowned political journalist and commentator Justice Malala forces South Africa to come face to face with the country it has become: corrupt, crime-ridden, compromised, its institutions captured by a selfish political elite bent on enriching itself at the expense of everyone else. In this deeply personal reflection, Malala’s diagnosis is devastating: South Africa is on the brink of ruin. He does not stop there. Malala believes that we have the wherewithal to turn things around: our lauded Constitution, the wealth of talent that exists, our history of activism and a democratic trajectory can all be used to stop the rot. But he has a warning: South Africans of all walks of life need to wake up and act, or else they will soon find their country has been stolen.

Empire


Michael Hardt - 2000
    It is, as Michael Hardt and Antonio Negri demonstrate in this bold work, the new political order of globalization. It is easy to recognize the contemporary economic, cultural, and legal transformations taking place across the globe but difficult to understand them. Hardt and Negri contend that they should be seen in line with our historical understanding of Empire as a universal order that accepts no boundaries or limits. Their book shows how this emerging Empire is fundamentally different from the imperialism of European dominance and capitalist expansion in previous eras. Rather, today's Empire draws on elements of U.S. constitutionalism, with its tradition of hybrid identities and expanding frontiers. Empire identifies a radical shift in concepts that form the philosophical basis of modern politics, concepts such as sovereignty, nation, and people. Hardt and Negri link this philosophical transformation to cultural and economic changes in postmodern society--to new forms of racism, new conceptions of identity and difference, new networks of communication and control, and new paths of migration. They also show how the power of transnational corporations and the increasing predominance of postindustrial forms of labor and production help to define the new imperial global order. More than analysis, Empire is also an unabashedly utopian work of political philosophy, a new Communist Manifesto. Looking beyond the regimes of exploitation and control that characterize today's world order, it seeks an alternative political paradigm--the basis for a truly democratic global society.

Political Theology: Four Chapters on the Concept of Sovereignty


Carl Schmitt - 1922
    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

The Morality of Law


Lon L. Fuller - 1965
    Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor.                                                                                                                                                                                   In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression.                                                                                                                                                                                                                           “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice

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.

The Spirit of the Laws


Montesquieu - 1748
    This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.

Liberty in the Age of Terror: A Defence of Civil Liberties and Enlightenment Values


A.C. Grayling - 2009
    Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.'In this lucid and timely book, Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.

Justice: What's the Right Thing to Do?


Michael J. Sandel - 2009
    In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Utilitarianism: For and Against


J.J.C. Smart - 1973
    J. C. Smart and Bernard Williams. In the first part of the book Professor Smart advocates a modern and sophisticated version of classical utilitarianism; he tries to formulate a consistent and persuasive elaboration of the doctrine that the rightness and wrongness of actions is determined solely by their consequences, and in particular their consequences for the sum total of human happiness. In Part II Bernard Williams offers a sustained and vigorous critique of utilitarian assumptions, arguments and ideals. He finds inadequate the theory of action implied by utilitarianism, and he argues that utilitarianism fails to engage at a serious level with the real problems of moral and political philosophy, and fails to make sense of notions such as integrity, or even human happiness itself. This book should be of interest to welfare economists, political scientists and decision-theorists.

The Rights of War and Peace


Hugo Grotius - 1625
    However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean  Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Contingency, Irony, and Solidarity


Richard Rorty - 1989
    This ironic perspective on the human condition is valuable but it cannot advance liberalism's social and political goals. In fact, Rorty believes that it is literature and not philosophy that can do this, by promoting a genuine sense of human solidarity. Specifically, it is novelists such as Orwell and Nabokov who succeed in awakening us to the cruelty of particular social practices and individual attitudes. Thus, a truly liberal culture would fuse the private, individual freedom of the ironic, philosophical perspective with the public project of human solidarity as it is engendered through the insights and sensibilities of great writers. Rorty uses a wide range of references--from philosophy to social theory to literary criticism--to elucidate his beliefs.