Book picks similar to
Taking Rights Seriously by Ronald Dworkin


philosophy
law
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political-philosophy

Freedom and its Betrayal: Six Enemies of Human Liberty


Isaiah Berlin - 2002
    They are published here for the first time, fifty years later. They comprise one of Berlin's earliest and most convincing expositions of his views on human freedom and on the history of ideas--views that later found expression in such famous works as Two Concepts of Liberty, and were at the heart of his lifelong work on the Enlightenment and its critics. Working with BBC transcripts and Berlin's annotated drafts, Henry Hardy has recreated these lectures, which consolidated the forty-three-year-old Berlin's growing reputation as a man who could speak about intellectual matters in an accessible and involving way.In his lucid examination of sometimes complex ideas, Berlin demonstrates that a balanced understanding and a resilient defense of human liberty depend on learning both from the errors of freedom's alleged defenders and from the dark insights of its avowed antagonists. This book throws light on the early development of Berlin's most influential ideas and supplements his already published writings with fuller treatments of Helv�tius, Rousseau, Fichte, Hegel, and Saint-Simon, with the ultra-conservative Maistre bringing up the rear. These thinkers gave to freedom a new dimension of power--power that, Berlin argues, has historically brought about less, not more, individual liberty.These lectures show Berlin at his liveliest and most torrentially spontaneous, testifying to his talents as a teacher of rare brilliance and impact. Listeners tuned in expectantly each week to the hour-long broadcasts and found themselves mesmerized by Berlin's astonishingly fluent extempore style. One listener, a leading historian of ideas who was then a schoolboy, was to recount that the lectures excited me so much that I sat, for every talk, on the floor beside the wireless, taking notes. This excitement is at last recreated here for all to share.

Creating Capabilities: The Human Development Approach


Martha C. Nussbaum - 2011
    For the past twenty-five years, Nussbaum has been working on an alternate model to assess human development: the Capabilities Approach. She and her colleagues begin with the simplest of questions: What is each person actually able to do and to be? What real opportunities are available to them? The Capabilities Approach to human progress has until now been expounded only in specialized works. Creating Capabilities, however, affords anyone interested in issues of human development a wonderfully lucid account of the structure and practical implications of an alternate model.

Beyond Human Rights


Alain de Benoist - 2011
    Alain de Benoist begins Beyond Human Rights with an examination of the origins of the concept of 'human rights' in European Antiquity, in which rights were defined in terms of the individual's relationship to his community, and were understood as being exclusive to that community alone. This changed with the coming of Christianity to Europe, after which rights were redefined as a universal concept derived from the idea of each individual as the possessor of a soul that is transcendent and independent of any social identity. This culminated in the Enlightenment belief in 'natural rights', which found its practical expression in the doctrines emerging from the American and French revolutions, in which all individuals were said to possess rights simply by virtue of the fact of their being human. In turn, laws issued by the State came to be viewed as negative impositions upon the naturally independent individual. De Benoist deconstructs this idea and shows how the myth of a 'natural man' who possesses rights independent of his community is indefensible, and how this conception of rights has, in modern times, led to their use as a weapon by stronger nations to bludgeon those weaker states which do not conform to the Western liberal-democratic form of rights, as we have recently seen in action in the former Yugoslavia, Iraq and Libya. As such, he presents us with a crucial critique of one of the major issues of our time.

A Matter of Interpretation: Federal Courts and the Law


Antonin Scalia - 1997
    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

The Faith of the Faithless: Experiments in Political Theology


Simon Critchley - 2012
    Somehow, the secular age seems to have been replaced by a new era, where political action flows directly from metaphysical conflict. The Faith of the Faithless asks how we might respond. Following Critchley’s Infinitely Demanding, this new book builds on its philosophical and political framework, also venturing into the questions of faith, love, religion and violence. Should we defend a version of secularism and quietly accept the slide into a form of theism—or is there another way?From Rousseau’s politics and religion to the return to St. Paul in Taubes, Agamben and Badiou, via explorations of politics and original sin in the work of Schmitt and John Gray, Critchley examines whether there can be a faith of the faithless, a belief for unbelievers. Expanding on his debate with Slavoj Žižek, Critchley concludes with a meditation on the question of violence, and the limits of non-violence.

By the People: Rebuilding Liberty Without Permission


Charles Murray - 2015
    Whether we are trying to run a business, practice a vocation, raise our families, cooperate with our neighbors, or follow our religious beliefs, we run afoul of the government—not because we are doing anything wrong but because the government has decided it knows better. When we object, that government can and does tell us, “Try to fight this, and we’ll ruin you.”In this provocative book, acclaimed social scientist and bestselling author Charles Murray shows us why we can no longer hope to roll back the power of the federal government through the normal political process. The Constitution is broken in ways that cannot be fixed even by a sympathetic Supreme Court. Our legal system is increasingly lawless, unmoored from traditional ideas of “the rule of law.” The legislative process has become systemically corrupt no matter which party is in control.But there’s good news beyond the Beltway. Technology is siphoning power from sclerotic government agencies and putting it in the hands of individuals and communities. The rediversification of American culture is making local freedom attractive to liberals as well as conservatives. People across the political spectrum are increasingly alienated from a regulatory state that nakedly serves its own interests rather than those of ordinary Americans.The even better news is that federal government has a fatal weakness: It can get away with its thousands of laws and regulations only if the overwhelming majority of Americans voluntarily comply with them. Murray describes how civil disobedience backstopped by legal defense funds can make large portions of the 180,000-page Federal Code of Regulations unenforceable, through a targeted program that identifies regulations that arbitrarily and capriciously tell us what to do. Americans have it within their power to make the federal government an insurable hazard like hurricanes and floods, leaving us once again free to live our lives as we see fit.By the People’s hopeful message is that rebuilding our traditional freedoms does not require electing a right-thinking Congress or president, nor does it require five right-thinking justices on the Supreme Court. It can be done by we the people, using America’s unique civil society to put government back in its proper box.

Fools, Frauds and Firebrands: Thinkers of the New Left


Roger Scruton - 2015
    Beginning with a ruthless analysis of New Leftism and concluding with a critique of the key strands in its thinking, Roger Scruton conducts a reappraisal of such major left-wing thinkers as E. P. Thompson, Ronald Dworkin, R. D. Laing, Jurgen Habermas, Gyorgy Lukacs, Jean-Paul Sartre, Jacques Derrida, Slavoj Žižek, Ralph Milliband, and Eric Hobsbawm. In addition to assessments of these thinkers' philosophical and political contributions, the book contains a biographical and bibliographical section summarizing their careers and most important writings.In Fools, Frauds and Firebrands Scruton asks, What does the Left look like today, and how has it evolved? He charts the transfer of grievances, from the working class to women, gays, and immigrants, asks what we can put in the place of radical egalitarianism, and what explains the continued dominance of antinomian attitudes in the intellectual world. Can there be any foundation for resistance to the leftist agenda without religious faith?Writing with great clarity, Scruton delivers a devastating critique of modern left-wing thinking.

Philosophy and Real Politics


Raymond Geuss - 2008
    But in Philosophy and Real Politics, Raymond Geuss argues that philosophers should first try to understand why real political actors behave as they actually do. Far from being applied ethics, politics is a skill that allows people to survive and pursue their goals. To understand politics is to understand the powers, motives, and concepts that people have and that shape how they deal with the problems they face in their particular historical situations. Philosophy and Real Politics both outlines a historically oriented, realistic political philosophy and criticizes liberal political philosophies based on abstract conceptions of rights and justice. The book is a trenchant critique of established ways of thought and a provocative call for change.

Multicultural Citizenship: A Liberal Theory of Minority Rights


Will Kymlicka - 1995
    This book presents a new conception of the rights and status of minority cultures. It arguesthat certain collective rights of minority cultures are consistent with liberal democratic principles, and that standard liberal objections to such rights can be answered. However, the author emphasizes that no single formula can be applied to all groups, and that the needs and aspirations ofimmigrants are very different from those of indigenous peoples and national minorities. He looks at issues such as language rights, group representation, religious education, federalism, and secession--issues central to an understanding of multicultural politics, but which have been neglected incontemporary liberal theory. Scholars of political theory and philosophy, as well as the general reader, will find this work to be the most comprehensive analysis to date of this crucial political issue.

Pragmatism: A Reader


Louis Menand - 1997
    But since its birth was announced a century ago in 1898 by William James, pragmatism has played a vital role in almost every area of American intellectual and cultural life, inspiring judges, educators, politicians, poets, and social prophets.Now the major texts of American pragmatism, from William James and John Dewey to Richard Rorty and Cornel West, have been brought together and reprinted unabridged. From the first generation of pragmatists, including the Supreme Court Justice Oliver Wendell Holmes and the founder of semiotics, Charles Sanders Peirce, to the leading figures in the contemporary pragmatist revival, including the philosopher Hilary Putnam, the jurist Richard Posner, and the literary critic Richard Poirier, all the contributors to this volume are remarkable for the wit and vigor of their prose and the mind-clearing force of their ideas. Edited and with an Introduction by Louis Menand, Pragmatism: A Reader will provide both the general reader and the student of American culture with excitement and pleasure.

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

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.

Dissensus: On Politics and Aesthetics


Jacques Rancière - 1995
    In this fascinating collection, Rancière engages in a radical critique of some of his major contemporaries on questions of art and politics: Gilles Deleuze, Antonio Negri, Giorgio Agamben, Alain Badiou and Jacques Derrida. The essays show how Rancière's ideas can be used to analyse contemporary trends in both art and politics, including the events surrounding 9/11, war in the contemporary consensual age, and the ethical turn of aesthetics and politics. Rancière elaborates new directions for the concepts of politics and communism, as well as the notion of what a 'politics of art' might be. This important collection includes several essays that have never previously been published in English, as well as a brand new afterword. Together these essays serve as a superb introduction to the work of one of the world's most influential contemporary thinkers.

Sources of the Self: The Making of the Modern Identity


Charles Taylor - 1989
    The modern turn to subjectivity, with its attendant rejection of an objective order of reason, has led—it seems to many—to mere subjectivism at the mildest and to sheer nihilism at the worst. Many critics believe that the modern order has no moral backbone and has proved corrosive to all that might foster human good. Taylor rejects this view. He argues that, properly understood, our modern notion of the self provides a framework that more than compensates for the abandonment of substantive notions of rationality.The major insight of Sources of the Self is that modern subjectivity, in all its epistemological, aesthetic, and political ramifications, has its roots in ideas of human good. After first arguing that contemporary philosophers have ignored how self and good connect, the author defines the modern identity by describing its genesis. His effort to uncover and map our moral sources leads to novel interpretations of most of the figures and movements in the modern tradition. Taylor shows that the modern turn inward is not disastrous but is in fact the result of our long efforts to define and reach the good. At the heart of this definition he finds what he calls the affirmation of ordinary life, a value which has decisively if not completely replaced an older conception of reason as connected to a hierarchy based on birth and wealth. In telling the story of a revolution whose proponents have been Augustine, Montaigne, Luther, and a host of others, Taylor's goal is in part to make sure we do not lose sight of their goal and endanger all that has been achieved. Sources of the Self provides a decisive defense of the modern order and a sharp rebuff to its critics.

Intentionality: An Essay in the Philosophy of Mind


John Rogers Searle - 1983
    But behind both works lay the assumption that the philosophy of language is in the end a branch of the philosophy of the mind: speech acts are forms of human action and represent just one example of the mind's capacity to relate the human organism to the world. The present book is concerned with these biologically fundamental capacities, and, though third in the sequence, in effect it provides the philosophical foundations for the other two. Intentionality is taken to be the crucial mental phenomenon, and its analysis involves wide-ranging discussions of perception, action, causation, meaning, and reference. In all these areas John Searle has original and stimulating views. He ends with a resolution of the 'mind-body' problem.