Book picks similar to
Pure Theory of Law by Hans Kelsen
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philosophy
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Escape from Freedom
Erich Fromm - 1941
This is the central idea of Escape from Freedom, a landmark work by one of the most distinguished thinkers of our time, and a book that is as timely now as when first published in 1941. Few books have thrown such light upon the forces that shape modern society or penetrated so deeply into the causes of authoritarian systems. If the rise of democracy set some people free, at the same time it gave birth to a society in which the individual feels alienated and dehumanized. Using the insights of psychoanalysis as probing agents, Fromm's work analyzes the illness of contemporary civilization as witnessed by its willingness to submit to totalitarian rule.
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.
Dialectic of Enlightenment: Philosophical Fragments
Theodor W. Adorno - 1944
Written during the Second World War and circulated privately, it appeared in a printed edition in Amsterdam in 1947. "What we had set out to do," the authors write in the Preface, "was nothing less than to explain why humanity, instead of entering a truly human state, is sinking into a new kind of barbarism."Yet the work goes far beyond a mere critique of contemporary events. Historically remote developments, indeed, the birth of Western history and of subjectivity itself out of the struggle against natural forces, as represented in myths, are connected in a wide arch to the most threatening experiences of the present. The book consists in five chapters, at first glance unconnected, together with a number of shorter notes. The various analyses concern such phenomena as the detachment of science from practical life, formalized morality, the manipulative nature of entertainment culture, and a paranoid behavioral structure, expressed in aggressive anti-Semitism, that marks the limits of enlightenment. The authors perceive a common element in these phenomena, the tendency toward self-destruction of the guiding criteria inherent in enlightenment thought from the beginning. Using historical analyses to elucidate the present, they show, against the background of a prehistory of subjectivity, why the National Socialist terror was not an aberration of modern history but was rooted deeply in the fundamental characteristics of Western civilization.Adorno and Horkheimer see the self-destruction of Western reason as grounded in a historical and fateful dialectic between the domination of external nature and society. They trace enlightenment, which split these spheres apart, back to its mythical roots. Enlightenment and myth, therefore, are not irreconcilable opposites, but dialectically mediated qualities of both real and intellectual life. "Myth is already enlightenment, and enlightenment reverts to mythology." This paradox is the fundamental thesis of the book.This new translation, based on the text in the complete edition of the works of Max Horkheimer, contains textual variants, commentary upon them, and an editorial discussion of the position of this work in the development of Critical Theory.
Discourse on Method
René Descartes - 1637
Cress's translation from the French of the Adam and Tannery critical edition is prized for its accuracy, elegance, and economy. The translation featured in the Third Edition has been thoroughly revised from the 1979 First Edition and includes page references to the critical edition for ease of comparison.
Freedom and the Law
Bruno Leoni - 1961
In modern democratic societies, legislative bodies increasingly usurp functions that were, and should be, exercised by individuals or groups rather than government.Bruno Leoni (1913–1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
The Origin of the Family, Private Property and the State
Friedrich Engels - 1884
This suggestion, coming from the pulpit, platform and press, has hypnotized the minds of men and proves to be one of the strongest pillars of exploitation. The history of the family dates from 1861, the year of the publication of Bachofen's Mutterrecht (maternal law) Engles makes the following propositions: 1. That in the beginning people lived in unrestricted sexual intercourse, which he dubs, not very felicitously, hetaerism. 2. That such an intercourse excludes any absolutely certain means of determining parentage; that consequently descent could only be traced by the female line in compliance with maternal law; and that this was universally practiced by all the nations of antiquity. 3. That consequently women as mothers, being the only well known parents of younger generations, received a high tribute of respect and deference, amounting to a complete women's rule (gynaicocracy), according to Bachofen's idea. 4. That the transition to monogamy, reserving a certain woman exclusively to one man, implied the violation of the primeval religious law (i.e., practically a violation of the customary right of all other men to the same woman), which violation had to be atoned for its permission purchased by the surrender of the women to the public for a limited time.
The Eighteenth Brumaire of Louis Bonaparte
Karl Marx - 1852
It may be considered the best work extant on the philosophy of history. On the 18th Brumaire (Nov. 9th), the post-revolutionary development of affairs in France enabled the first Napoleon to take a step that led with inevitable certainty to the imperial throne. The circumstance that fifty and odd years later similar events aided his nephew, Louis Bonaparte, to take a similar step with a similar result, gives the name to this work-"The Eighteenth Brumaire of Louis Bonaparte.
The Principles of Morals and Legislation
Jeremy Bentham - 1789
Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions.Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom.The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century.
Considerations on Representative Government
John Stuart Mill - 1861
The reader may sense that Mill is being pulled in opposing directions: steadfastly committed to majority rule with minority rights while at the same time being just enough of an aristocrat to believe that the masses need examplars to emulate.On Representative Government is one of the most compelling political essays of the 19th century.
The Dialogues of Plato
Plato
This superb collection contains excellent contemporary translations selected for their clarity and accessibility to today's reader, as well as an incisive introduction by Erich Segal, which reveals Plato's life and clarifies the philosophical issues examined in each dialogue. The first four dialogues recount the trial execution of Socrates--the extraordinary tragedy that changed Plato's life and so altered the course of Western though. Other dialogues create a rich tableau of intellectual life in Athens in the fourth century B.C., and examine the nature of virtue and love, knowledge and truth, society and the individual. Resounding with the humor and astounding brilliance of Socrates, the immortal iconoclast, these great works remain powerful, probing, and essential.Alternate Edition of ISBN-10: 0553213717
The Anti-Christ
Friedrich Nietzsche - 1895
Nietzsche's basic claim is that Christianity is a poisoner of western culture and perversion of the words of and practice of Jesus. Throughout the text, Nietzsche is very critical of institutionalized religion and its priest class, from which he himself was descended. The majority of the book is a systematic attack upon the interpretations of Christ's words by St. Paul and those who followed him. Nietzsche claimed in the Foreword to have written the book for a very limited readership. In order to understand the book, he asserted that the reader "... must be honest in intellectual matters to the point of hardness to so much as endure my seriousness, my passion." The reader should be above politics and nationalism. Also, the usefulness or harmfulness of truth should not be a concern. Characteristics such as "Strength which prefers questions for which no one today is sufficiently daring; courage for the forbidden" are also needed. He disdained all other readers.
The Revolt of the Masses
José Ortega y Gasset - 1930
Continuously in print since 1932, Ortega's vision of Western culture as sinking to its lowest common denominator and drifting toward chaos brought its author international fame and has remained one of the influential books of the 20th century.
On the Citizen
Thomas Hobbes - 1642
Professors Tuck and Silverthorne have undertaken the first complete translation since 1651, a rendition long thought (in error) to be at least sanctioned by Hobbes himself. On the Citizen is written in a clear, straightforward, expository style, offering students a more digestible account of Hobbes' political thought than even Leviathan itself. This new translation is itself a very significant scholarly event.
A Rulebook for Arguments
Anthony Weston - 1986
Readers familiar with the previous edition will find a text that retains all the features that make Rulebook ideally suited for use as a supplementary course book -- including its modest price and compact size. Unlike most textbooks on argumentative writing, Rulebook is organised around specific rules, illustrated and explained soundly and briefly. It is not a textbook, but a rulebook, whose goal is to help students get on with writing a paper or assessing an argument.
Public Philosophy: Essays on Morality in Politics
Michael J. Sandel - 2005
He argues that the most prominent ideals in our political life--individual rights and freedom of choice--do not by themselves provide an adequate ethic for a democratic society. Sandel calls for a politics that gives greater emphasis to citizenship, community, and civic virtue, and that grapples more directly with questions of the good life. Liberals often worry that inviting moral and religious argument into the public sphere runs the risk of intolerance and coercion. These essays respond to that concern by showing that substantive moral discourse is not at odds with progressive public purposes, and that a pluralist society need not shrink from engaging the moral and religious convictions that its citizens bring to public life.