Book picks similar to
On the Three Types of Juristic Thought by Carl Schmitt
law
philosophy
dissertation
historie
Free Market Fairness
John Tomasi - 2012
Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style.Provocative and vigorously argued, "Free Market Fairness" offers a bold new way of thinking about politics, economics, and justice--one that will challenge readers on both the left and right.
Not a Suicide Pact: The Constitution in a Time of National Emergency
Richard A. Posner - 2006
citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
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.
Political Philosophy: An Introduction
Jason Brennan - 2016
Just turn on cable news. Philosophy is for people who want to understand the deep questions. The goal of political philosophy is to determine the standards by which we judge different institutions good or bad, just or unjust.Some people might think they don’t have much need of political philosophy: “Who cares about wishy-washy obtuse notions of justice? I’m a pragmatist. I just want to know what works.” But this isn’t a way of avoiding political philosophy; it’s a way of being dogmatic about it. Before we can just do “what works,” we have to know what counts as working.This book serves as an introduction to some of the major theories of justice, to the arguments philosophers have made for and against these theories, and, ultimately, to how to be more thoughtful and rigorous in your own thinking.
Homo Sacer: Sovereign Power and Bare Life
Giorgio Agamben - 1994
Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it.In Homo Sacer, Agamben aims to connect the problem of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault’s fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle’s notion of man as a political animal, and throughout the history of Western thinking about sovereignty (whether of the king or the state), a notion of sovereignty as power over “life” is implicit.The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt’s idea of the sovereign’s status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective “naked life” of all individuals.
Democracy and Tradition
Jeffrey L. Stout - 2003
He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard.Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.
Magna Carta: The Birth of Liberty
Dan Jones - 2015
Its principles can be found in our Bill of Rights and in the Constitution. But what was this strange document that dwells on tax relief and greater fishing rights, and how did it gain legendary status?Dan Jones takes us back to 1215, the turbulent year when the Magna Carta was just a peace treaty between England’s King John and a group of self-interested, violent barons who were tired of his high taxes and endless foreign wars. The treaty would fail within two months of its confirmation. But this important document marked the first time a king was forced to obey his own laws. Jones’s 1215 follows the story of the Magna Carta’s creation, its failure, and the war that subsequently engulfed England and is book that will appeal to fans of microhistories of pivotal years like 1066, 1491, and especially 1776—when American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king.
What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution
Herbert J. Storing - 1981
Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
The Income Tax: Root of All Evil
Frank Chodorov - 1954
For the Amendment gives to the Federal Government first claim upon the earnings of the individual, and so infringes his natural right to own what he produces.With its graduated-tax provision, the Income Tax Amendment is a replica of that clause in the Communist Manifesto which provides for the confiscation of all property through the use of just such a tax.Not only is the individual citizen's liberty partitioned by the Amendment, but the several states are deprived of their Constitutional sovereignty, and the central Federal Government is overstrengthened at their expense. This growth of centralized power is a development which generations of Americans fought stubbornly to prevent.And the Federal Government, by the very nature of government itself, increases its "needs" in accordance with its means of revenue. Reduce Federal income, argues Frank Chodorov, and Federal "needs" will automatically be reduced.The author takes a forthright stand as he defines the immoral nature of income taxation and the fallacy of using to "level off" society. And finally he outlines what can be done to repeal the Income Tax Amendment, bearing in mind the Federal Government's legitimate need for revenue.
How Dawkins Got Pwned
Mencius Moldbug - 2016
The worst part: you could be infected, too.
On Politics: A History of Political Thought From Herodotus to the Present
Alan Ryan - 2012
Whether examining Lord Acton’s dictum that “absolute power corrupts absolutely” or explicating John Stuart Mill’s contention that it is “better to be a human dissatisfied than a pig satisfied,” Alan Ryan evokes the lives and minds of our greatest thinkers in a way that makes reading about them a transcendent experience. Whether writing about Plato or Augustine, de Toqueville or Thomas Jefferson, Ryan brings a wisdom to his text that illuminates John Dewey’s belief that the role of philosophy is less to see truth than to enhance experience. With this unparalleled tour de force, Ryan emerges in his own right as one of the most influential political philosophers of our time.
On Liberty
John Stuart Mill - 1859
Mill's passionate advocacy of spontaneity, individuality, and diversity, along with his contempt for compulsory uniformity and the despotism of popular opinion, has attracted both admiration and condemnation.
Constitution of the Confederate States of America
Confederate States of America - 1861
In its entirety...you have the CSA "Confederate States of America" Constitution.This is a must read.....imagine a young country that just learned all the things wrong with their country and its government....then makes their own.The CSA was ahead of its time in many respects...(never mind the whole slavery thing)....If you are a History buff or just doing research...get this...read it....it is outstanding.
George Orwell Premium Collection: Nineteen Eighty-Four (1984) - Animal Farm - Burmese Days - Keep the Aspidistra Flying - Homage to Catalonia - The Road to Wigan Pier and Over 50 Amazing Novels, Non-Fiction Books and Essays
George Orwell - 2014
The six novels, published in order of importance, are: • Nineteen Eighty-Four (the most important dystopian novel ever written, together with Huxley's Brave New World, and Zamyatin's "We" • Animal Farm (1945) • Burmese Days (1934) • Coming Up for Air (1939) • A Clergyman's Daughter (1935) • Keep the Aspidistra Flying (1936) His three non fiction books are: • Homage to Catalonia (1938), about the Spanish Civil War. • Down and Out in Paris and London (1933) The last book of the collection is called "ESSAYS: From Hitler, Franco & the Atomic Bomb; to Tolstoi, Dickens & Twain". Orwell was an acclaimed analyst of his country's reality during World War II and beyond (including the beginning of the cold war), which he reflects in his many articles and pamphlets collected in this book. He also did very deep literary and personal analysis of men like Mark Twain, Adolf Hitler, or even Tolstoi. The following is the list of essays. 1. THE SPIKE 2. A HANGING (1931) 3. BOOKSHOP MEMORIES (1936) 4. SHOOTING AN ELEPHANT (1936) 5. SPILLING THE SPANISH BEANS (1937) 6. MARRAKECH (1939) 7. BOYS' WEEKLIES AND FRANK RICHARDS'S REPLY (1940) 8. CHARLES READE (1940) 9. THE ART OF DONALD MCGILL (1941) 10. WELLS, HITLER AND THE WORLD STATE (1941) 11. RUDYARD KIPLING (1942) 12. MARK TWAIN–THE LICENSED JESTER (1943) 13. POETRY AND THE MICROPHONE (1943) 14. W B YEATS (1943) 15. ARTHUR KOESTLER (1944) 16. BENEFIT OF CLERGY: SOME NOTES ON SALVADOR DALI (1944) 18. ANTISEMITISM IN BRITAIN (1945) 19. FREEDOM OF THE PARK (1945) 20. FUTURE OF A RUINED GERMANY (1945) 21. GOOD BAD BOOKS 22. NONSENSE POETRY 23. NOTES ON NATIONALISM (1945) 24. REVENGE IS SOUR (1945) 25. THE SPORTING SPIRIT 26. YOU AND THE ATOMIC BOMB (1945) 27. A GOOD WORD FOR THE VICAR OF BRAY 28. A NICE CUP OF TEA (1946) 29. BOOKS VS. CIGARETTES 30. CONFESSIONS OF A BOOK REVIEWER 31. DECLINE OF THE ENGLISH MURDER 32. HOW THE POOR DIE 33. PLEASURE SPOTS 34. POLITICS AND THE ENGLISH LANGUAGE 35. SOME THOUGHTS ON THE COMMON TOAD 36. THE PREVENTION OF LITERATURE 37. WHY I WRITE (1946) 38. LEAR, TOLSTOY AND THE FOOL 39. SUCH, SUCH WERE THE JOYS (1947) 40. WRITERS AND LEVIATHAN (1948)
In Defense of Anarchism
Robert Paul Wolff - 1970
He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.