Book picks similar to
On the Three Types of Juristic Thought by Carl Schmitt
philosophy
law
political-philosophy
jurídico-político
Sharia Law for Non-Muslims
Bill Warner - 2010
Sharia law is based on entirely different principles than our laws. Many of these laws concern the non-Muslim.What does Sharia law mean for the citizens of this state? How will this affect us? What are the long-term effects of granting Muslims the right to be ruled by Sharia, instead of our laws? Each and every demand that Muslims make is based on the idea of implementing Sharia law in America. Should we allow any Sharia at all? Why? Why not?How can any political or legal authority make decisions about Sharia law if they do not know what it is? Is this moral?The answers to all of these questions are found in this book.
How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart
Jamal Greene - 2021
. . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them. As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.
The Communist Manifesto/Wages, Price and Profit
Karl Marx - 1848
Written over 150 years ago in 1848, a period of history with great upheaval, it continues to be an important work on political economy, especially as we enter the dawn of the global economy. Politicians, business leaders, acamdemics and students of very different persuasions find the manifesto a basic and essential treatise to be understood. It has had a tremendous effect throughout history and will continue to influence the future of mankind. A Collector's Edition.
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.
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.
Landmark Judgments That Changed India
Asok Kumar Ganguly - 2015
Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
The Retreat of Western Liberalism
Edward Luce - 2017
Luce argues that we are on a menacing trajectory brought about by ignorance of what it took to build the West, arrogance towards society's economic losers, and complacency about our system's durability--attitudes that have been emerging since the fall of the Berlin Wall. We cannot move forward without a clear diagnosis of what has gone wrong. Unless the West can rekindle an economy that produces gains for the majority of its people, its political liberties may be doomed. The West's faith in history teaches us to take democracy for granted. Reality tells us something troublingly different.Combining on-the-ground reporting with intelligent synthesis of the literature and economic analysis, Luce offers a detailed projection of the consequences of the Trump administration, the rise of European populism, and a forward-thinking analysis of what those who believe in enlightenment values must do to defend them from the multiple onslaughts they face in the coming years.
The Ideological Origins of the American Revolution
Bernard Bailyn - 1967
In it he discusses the intense, nation-wide debate on the ratification of the constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution. This study of the persistence of the nation's ideological origins adds a new dimension to the book and projects its meaning forward into vital present concerns.
The Meaning of Freedom: And Other Difficult Dialogues
Angela Y. Davis - 2009
Davis' life and work have been dedicated to examining this fundamental question and to ending all forms of oppression that deny people their political, cultural, and sexual freedom. In this collection of twelve searing, previously unpublished speeches, Davis confronts the interconnected issues of power, race, gender, class, incarceration, conservatism, and the ongoing need for social change in the United States.With her characteristic brilliance, historical insight, and penetrating analysis, Davis addresses examples of institutional injustice and explores the radical notion of freedom as a collective striving for real democracy - not something granted or guaranteed through laws, proclamations, or policies, but something that grows from a participatory social process that demands new ways of thinking and being. "The speeches gathered together here are timely and timeless," writes Robin D.G. Kelley in the foreword, "they embody Angela Davis' uniquely radical vision of the society we need to build, and the path to get there."The Meaning of Freedom articulates a bold vision of the society we need to build and the path to get there. This is her only book of speeches."Davis' arguments for justice are formidable. . . . The power of her historical insights and the sweetness of her dream cannot be denied."—The New York Times"One of America's last truly fearless public intellectuals." —Cynthia McKinney, former US Congresswoman"Angela Davis offers a cartography of engagement in oppositional social movements and unwavering commitment to justice." —Chandra Talpade Mohanty, Women's Studies, Hamilton College"Angela Davis deserves credit, not just for the dignity and courage with which she has lived her life, but also for raising important critiques of a for-profit penitentiary system decades before those arguments gained purchase in the mainstream." —Thomas Chatterton Williams, SFGate"Angela Davis's revolutionary spirit is still strong. Still with us, thank goodness!"—Virginian-Pilot"Long before 'race/gender' became the obligatory injunction it is now, Angela Davis was developing an analytical framework that brought all of these factors into play. For readers who only see Angela Davis as a public icon . . . meet the real Angela Davis: perhaps the leading public intellectual of our era." —Robin D. G. Kelley author of Thelonious Monk: The Life and Times of an American Original"There was a time in America when to call a person an 'abolitionist' was the ultimate epithet. It evoked scorn in the North and outrage in the South. Yet they were the harbingers of things to come. They were on the right side of history. Prof. Angela Y. Davis stands in that proud, radical tradition." —Mumia Abu-Jamal, author of Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A."Behold the heart and mind of Angela Davis, open, relentless, and on time!" —June Jordan"Political activist, scholar, and author Angela Davis confronts the interconnected issues of power, race, gender, class, incarceration, conservatism, and the ongoing need for social change in the U.S. in her book, The Meaning of Freedom: And Other Difficult Dialogues." —Travis Smiley RadioAngela Y. Davis is professor emerita at the University of California and author of eight books. She is a much sought after public speaker and an internationally known advocate for social justice.Robin D.G. Kelley is the author of numerous books and a professor at the University of Southern California.
Frames of War: When is Life Grievable?
Judith Butler - 2009
In this age of CNN-mediated war, the lives of those wretched populations of the earth—the refugees; the victims of unjust imprisonment and torture; the immigrants virtually enslaved by their starvation and legal disenfranchisement—are always presented to us as already irretrievable and thereby already lost. We may shake our heads at their wretchedness but then we sacrifice them nonetheless, for they are already forgone.By analyzing the different frames through which we experience war, Butler calls for a reorientation of the Left toward the precarity of those lives. Only by recognizing those lives as precarious lives—lives that are not yet lost but are ever fragile and in need of protection—might the Left stand in unity against the violence perpetrated through arbitrary state power.
Inventing the Individual: The Origins of Western Liberalism
Larry Siedentop - 2014
Larry Siedentop argues that the core of what is now our system of beliefs, liberalism, emerged much earlier than generally recognized, established not in the Renaissance but by the arguments of lawyers and philosophers in the twelfth and thirteenth centuries.Yet there are large parts of the world - fundamentalist Islam; quasi-capitalist China - where other belief systems flourish and faced with these challenges, understanding our own ideas' origins is more than ever an important part of knowing who we are.
Political Theory: An Introduction
Rajeev Bhargava - 2008
It innovatively embeds Indian cases and contexts in the theoretical discussions and involves students in applying theories to current issues. Without oversimplifying concepts, this textbook uses the conversational, context-specific style of a good teacher and recreates the flavour of the classroom inside its covers. Some of its special features are: an outline for each chapter highlighting its main elements, an introductory section discussing the concept, and rationale of chapter organization, cross-referencing of important terms, points for discussion and a detailed reading list.
Anarchy, State, and Utopia
Robert Nozick - 1974
National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the U.K. Times Literary Supplement.
The Great Degeneration
Niall Ferguson - 2012
Symptoms of decline are all around us today, it seems: slowing growth, crushing debts, aging populations, anti-social behaviour. But what exactly is amiss with Western civilization? The answer, Niall Ferguson argues, is that our institutions - the intricate frameworks within which a society can flourish or fail - are degenerating. Representative government, the free market, the rule of law and civil society: these were once the four pillars of West European and North American societies. It was these institutions, rather than any geographical or climatic advantages, that set the West on the path to global dominance after around 1500. In our time, however, these institutions have deteriorated in disturbing ways. Our democracies have broken the contract between the generations by heaping IOUs on our children and grandchildren. Our markets are increasingly distorted by over-complex regulations that are in fact the disease of which they purport to be the cure. The rule of law has metamorphosed into the rule of lawyers. And civil society has degenerated into uncivil society, where we lazily expect all our problems to be solved by the state.The Great Degeneration is a powerful - and in places polemical - indictment of an era of negligence and complacency. While the Arab world struggles to adopt democracy, and while China struggles to move from economic liberalization to the rule of law, Europeans and Americans alike are frittering away the institutional inheritance of centuries. To arrest the degeneration of the West's once dominant civilization, Ferguson warns, will take heroic leadership and radical reform. This book is based on Niall Ferguson's 2012 BBC Reith Lectures, which were broadcast under the title 'The Rule of Law and Its Enemies'.
The Conscience of a Conservative
Barry M. Goldwater - 1960
Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.