The Nature of the Judicial Process


Benjamin N. Cardozo - 1921
    Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.

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 Decline of the West


Oswald Spengler - 1918
    In all its various editions, it has sold nearly 100,000 copies. A twentieth-century Cassandra, Oswald Spengler thoroughly probed the origin and "fate" of our civilization, and the result can be (and has been) read as a prophesy of the Nazi regime. His challenging views have led to harsh criticism over the years, but the knowledge and eloquence that went into his sweeping study of Western culture have kept The Decline of the West alive. As the face of Germany and Europe as a whole continues to change each day, The Decline of the West cannot be ignored. The abridgment, prepared by the German scholar Helmut Werner, with the blessing of the Spengler estate, consists of selections from the original (translated into English by Charles Francis Atkinson) linked by explanatory passages which have been put into English by Arthur Helps. H. Stuart Hughes has written a new introduction for this edition. In this engrossing and highly controversial philosophy of history, Spengler describes how we have entered into a centuries-long "world-historical" phase comparable to late antiquity. Guided by the philosophies of Goethe and Nietzsche, he rejects linear progression, and instead presents a world view based on the cyclical rise and decline of civilizations. He argues that a culture blossoms from the soil of a definable landscape and dies when it has exhausted all of its possibilities. Despite Spengler's reputation today as an extreme pessimist, The Decline of the West remains essential reading for anyone interested in the history of civilization.

Letter from Birmingham Jail


Martin Luther King Jr. - 1963
    There is an alternate edition published under ISBN13: 9780062509550. 'Injustice anywhere is a threat to justice everywhere.' This landmark missive from one of the greatest activists in history calls for direct, non-violent resistance in the fight against racism, and reflects on the healing power of love.This edition also contains the sermon 'The Three Dimensions of a Complete Life'.

A Brief History of Thought: A Philosophical Guide to Living


Luc Ferry - 1996
    This lively journey through the great thinkers will enlighten every reader, young and old.

The Blueprint: How the Democrats Won Colorado (and Why Republicans Everywhere Should Care)


Adam Schrager - 2010
    Four years ago, the GOP dominated politics at every level in Colorado. Republicans held both Senate seats, five of seven congressional seats, the governor’s mansion, the offices of secretary of state and treasurer, and both houses of the state legislature. After the 2008 election, the exact opposite was true: replace the word Republicans with Democrats in the previous sentence, and you have of one the most stunning reversals of political fortune in American history.This is also the story of how it will happen—indeed, is happening—in other states across the country. In Colorado, progressives believe they have found a blueprint for creating permanent Democratic majorities across the nation. With discipline and focus, they have pioneered a legal architecture designed to take advantage of new campaign finance laws and an emerging breed of progressive donors who are willing to commit unprecedented resources to local races. It’s simple, brilliant, and very effective.Rob Witwer is a former member of the Colorado House of Representatives and practices law in Denver.Emmy award–winning journalist Adam Schrager covers politics for KUSA-TV, the NBC affiliate in Denver. Schrager and his family live in the Denver area. He is the author of The Principled Politician: Governor Ralph Carr and the Fight against Japanese Internment

The Modern Political Tradition: Hobbes to Habermas


Lawrence E. Cahoone - 2014
    From liberty to democracy to community, the terms and concepts originated by political philosophers are ingrained in our global consciousness. Yet many of us have an incomplete picture of how these ideas developed and, quite possibly, a skewed perception of their intentions and implications.This highly relevant course sheds light on the labyrinth of Western political and social theory, as well as its influence on modern history. Guided by an award-winning professor of philosophy and author, these eye-opening lectures reveal how political philosophers, in responding to the societal problems and changing conditions of their day in revolutionary ways, created virtual blueprints of action for leaders. You'll gain not only the tools to comprehend the omnipresent language of politics, but a thorough understanding of the wellspring of thought that has emerged over centuries of political philosophy and the intellectual origins of major historical movements and events.Throughout, questions of democracy, freedom, and distributive justice are addressed, and revolutionary figures who have left an indelible mark on history - from Niccolo Machiavelli to Ayn Rand - are encountered.By the conclusion of lecture 36, you will have the context necessary to appreciate the evolution of a myriad of political ideas, including hot-button topics of today such as libertarianism, neoconservatism, feminism, and environmentalism.

Clarence Thomas and the Lost Constitution


Myron Magnet - 2019
    He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.

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.

The Cave and the Light: Plato Versus Aristotle, and the Struggle for the Soul of Western Civilization


Arthur Herman - 2013
    The Cave and the Light is a magisterial account of how the two greatest thinkers of the ancient world, Plato and Aristotle, laid the foundations of Western culture—and how their rivalry shaped the essential features of our culture down to the present day.   Plato came from a wealthy, connected Athenian family and lived a comfortable upper-class lifestyle until he met an odd little man named Socrates, who showed him a new world of ideas and ideals. Socrates taught Plato that a man must use reason to attain wisdom, and that the life of a lover of wisdom, a philosopher, was the pinnacle of achievement. Plato dedicated himself to living that ideal and went on to create a school, his famed Academy, to teach others the path to enlightenment through contemplation.   However, the same Academy that spread Plato’s teachings also fostered his greatest rival. Born to a family of Greek physicians, Aristotle had learned early on the value of observation and hands-on experience. Rather than rely on pure contemplation, he insisted that the truest path to knowledge is through empirical discovery and exploration of the world around us. Aristotle, Plato’s most brilliant pupil, thus settled on a philosophy very different from his instructor’s and launched a rivalry with profound effects on Western culture.   The two men disagreed on the fundamental purpose of the philosophy. For Plato, the image of the cave summed up man’s destined path, emerging from the darkness of material existence to the light of a higher and more spiritual truth. Aristotle thought otherwise. Instead of rising above mundane reality, he insisted, the philosopher’s job is to explain how the real world works, and how we can find our place in it. Aristotle set up a school in Athens to rival Plato’s Academy: the Lyceum. The competition that ensued between the two schools, and between Plato and Aristotle, set the world on an intellectual adventure that lasted through the Middle Ages and Renaissance and that still continues today.   From Martin Luther (who named Aristotle the third great enemy of true religion, after the devil and the Pope) to Karl Marx (whose utopian views rival Plato’s), heroes and villains of history have been inspired and incensed by these two master philosophers—but never outside their influence.   Accessible, riveting, and eloquently written, The Cave and the Light provides a stunning new perspective on the Western world, certain to open eyes and stir debate.Praise for The Cave and the Light   “A sweeping intellectual history viewed through two ancient Greek lenses . . . breezy and enthusiastic but resting on a sturdy rock of research.”—Kirkus Reviews   “Examining mathematics, politics, theology, and architecture, the book demonstrates the continuing relevance of the ancient world.”—Publishers Weekly  “A fabulous way to understand over two millennia of history, all in one book.”—Library Journal  “Entertaining and often illuminating.”—The Wall Street JournalFrom the Hardcover edition.

Can't Knock the Hustle: Inside Brooklyn's Season of Hope: How Basketball Helped Us Survive Power, Politics, and a Global Pandemic


Matt Sullivan - 2021
    . . all of whom just so happened to play professional basketball. The 2019-20 Nets were the team of tomorrow—a player-first franchise, in a star-first city, at a nation-first moment—and anything was possible. As soon as the mega-stars Kevin Durant and Kyrie Irving arrived, the Nets were destined to become a dynasty for the ages.Then came the wildest year in modern NBA—and world—history.Can't Knock the Hustle is the definitive chronicle of the season when basketball's status as a force for progress in society was put to the ultimate test, and Matt Sullivan had a courtside seat: Deal-making with Kyrie and Jay-Z. Rehabbing with KD at the Nets' world-class health facility. International intrigue between LeBron James and the Chinese government. The final days of Kobe Bryant, front-row at Barclays Center in Brooklyn. The first days of Covid-19, when the Nets found themselves at the epicenter of a virus—and integral to a comeback of the very culture they had come to define.Hundreds of interviews—with NBA Hall-of-Famers, All-Stars, coaches, owners and power-brokers from across the globe—provide a lasting portrait of an unforgettable time, as sports brought people back together again, like never before.

Questioning Islam: Tough Questions & Honest Answers About the Muslim Religion


Peter Townsend - 2014
    Among these questions the most important one of all sometimes gets lost: Is Islam true? With his new book author Peter Townsend invites you to accompany him on a journey through the foundational texts of the Muslim religion. In the process the truth-claims of Islam will be respectfully, honestly and impartially evaluated. Along the way the following questions will be asked: - Can the traditional Islamic historical accounts be trusted? - Is the Qur'an a 'Perfect Book, Perfectly Preserved'? - Was Muhammad indeed a 'Beautiful Pattern of Conduct'? The answers to these questions will not be sought from modern commentaries on Islam. Instead Questioning Islam goes straight to the classic sources of Islam namely the Qur'an, hadiths (traditions) and biographies of Muhammad. Questioning Islam is not an attempt to promote any other belief system or ideology. Its focus is simply on asking the hard questions about Islam that are all too often ignored or swept under the carpet. Simply put, if you have ever wondered whether the truth-claims of Islam can withstand critical scrutiny then this book is for you!

The Open Society and Its Enemies - Volume One: The Spell of Plato


Karl Popper - 1945
    He taught in Austria until 1937, when he emigrated to New Zealand in anticipation of the Nazi annexation of Austria the following year, and he settled in England in 1949. Before the annexation, Popper had written mainly about the philosophy of science, but from 1938 until the end of the Second World War he focused his energies on political philosophy, seeking to diagnose the intellectual origins of German and Soviet totalitarianism. The Open Society and Its Enemies was the result. In the book, Popper condemned Plato, Marx, and Hegel as "holists" and "historicists"--a holist, according to Popper, believes that individuals are formed entirely by their social groups; historicists believe that social groups evolve according to internal principles that it is the intellectual's task to uncover. Popper, by contrast, held that social affairs are unpredictable, and argued vehemently against social engineering. He also sought to shift the focus of political philosophy away from questions about who ought to rule toward questions about how to minimize the damage done by the powerful. The book was an immediate sensation, and--though it has long been criticized for its portrayals of Plato, Marx, and Hegel--it has remained a landmark on the left and right alike for its defense of freedom and the spirit of critical inquiry.

Politics and Vision: Continuity and Innovation in Western Political Thought - Expanded Edition


Sheldon S. Wolin - 1960
    Sheldon Wolin's Politics and Vision inspired and instructed two generations of political theorists after its appearance in 1960. This new edition retains intact the original ten chapters about political thinkers from Plato to Mill, and adds seven chapters about theorists from Marx and Nietzsche to Rawls and the postmodernists. The new chapters, which show how thinkers have grappled with the immense possibilities and dangers of modern power, are themselves a major theoretical statement. They culminate in Wolin's remarkable argument that the United States has invented a new political form, inverted totalitarianism, in which economic rather than political power is dangerously dominant. In this new edition, the book that helped to define political theory in the late twentieth century should energize, enlighten, and provoke generations of scholars to come.Wolin originally wrote Politics and Vision to challenge the idea that political analysis should consist simply of the neutral observation of objective reality. He argues that political thinkers must also rely on creative vision. Wolin shows that great theorists have been driven to shape politics to some vision of the Good that lies outside the existing political order. As he tells it, the history of theory is thus, in part, the story of changing assumptions about the Good.In the new chapters, Wolin displays all the energy and flair, the command of detail and of grand historical developments, that he brought to this story forty years ago. This is a work of immense talent and intense thought, an intellectual achievement that will endure.

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.