Book picks similar to
The Dignity of Legislation by Jeremy Waldron
philosophy
law
political-theory
s_scheffler
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.
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.
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.
The Art of War and other Laws of Power
Sun Tzu
In this newest translation of The Art of War readers will benefit from the interpretations from other translators and strategist, as well as the 50 strategic rules, including: -- How to look for strategic turns to meet the competition-- How to attain strategic superiority and crush the competition-- How to plan surprise and stay ahead of the game-- And more timeless wisdom that will allow you to compete and win in the dynamic business environment!Business managers around the world have tapped into this ancient wisdom; it is time to master The Art of War for Manager for the existence and growth of your business!
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
Hard America, Soft America: Competition Vs. Coddling and the Battle for the Nation's Future
Michael Barone - 2004
Indeed, American students lag behind their peers in other nations, but America remains on the leading edge economically, scientifically, technologically, and militarily. The reason for this paradox, explains Barone in this brilliant essay, is that “from ages six to eighteen Americans live mostly in what I call Soft America—the parts of our country where there is little competition and accountability. But from ages eighteen to thirty Americans live mostly in Hard America—the parts of American life subject to competition and accountability.” While Soft America coddles, Hard America plays for keeps. Educators, for example, protect children from the rigors of testing, ban dodgeball, and promote just about any student who shows up. But most adults quickly figure out that how they do depends on what they produce. Barone sweeps readers along, showing how we came to the current divide—for things weren’t always this way. In fact, no part of our society is all Hard or all Soft, and the boundary between Hard America and Soft America often moves back and forth. Barone also shows where America is headed—or should be headed. We don’t want to subject kindergartners to the rigors of the Marine Corps or leave old people uncared for. But Soft America lives off the productivity, creativity, and competence of Hard America, and we have the luxury of keeping part of our society Soft only if we keep most of it Hard.Hard America, Soft America reveals: • How the American situation is unique: In Europe, schooling is competitive and demanding, but adult life is Soft, with generous welfare benefits, short work hours, long vacations, and state pensions• How the American military has reclaimed the Hard goals and programs it abandoned in the Vietnam era• How Hardness drives America’s economy—an economy that businesses and economists nearly destroyed in the 1970s by spurning competition • How America’s schools have failed because they are bastions of Softness—but how they are finally showing signs of Hardening• The benefits of Softness: How government programs like Social Security were necessary in what was a harsh and unforgiving America• Hard America, Soft America is a stunningly original and provocative work of social commentary from one of this country’s most respected political analysts.From the Hardcover edition.
The Citizen's Constitution: An Annotated Guide
Seth Lipsky - 2009
But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.
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.
Right-Wing Collectivism: The Other Threat to Liberty
Jeffrey Tucker - 2017
Most people of the current generation lack a sense of the historical sweep of the intellectual side of the right-wing collectivist position. Jeffrey Tucker, in this collection written between 2015 and 2017, argues that this movement represents the revival of a tradition of interwar collectivist thought that might at first seem like a hybrid but was distinctly mainstream between the two world wars. It is anti-communist but not for the reasons that were conventional during the Cold War, that is, because communism opposed freedom in the liberal tradition.Right-collectivism also opposes traditional liberalism. It opposes free trade, freedom of association, free migration, and capitalism understood as a laissez-faire free market. It rallies around nation and state as the organizing principles of the social order—and trends in the direction of favoring one-man rule—but positions itself as opposed to leftism traditionally understood.We know about certain fascist leaders from the mid-20th century, but not the ideological orientation that led to them or the ideas they left on the table to be picked up generations later. For the most part, and until recently, it seemed to have dropped from history. Meanwhile, the prospects for social democratic ideology are fading, and something else is coming to fill that vacuum. What is it? Where does it come from? Where is it leading?This book seeks to fill the knowledge gap, to explain what this movement is about and why anyone who genuinely loves and longs for liberty classically understood needs to develop a nose and instinct for spotting the opposite when it comes in an unfamiliar form. We need to learn to recognize the language, the thinkers, the themes, the goals of a political ethos that is properly identified as fascist."Jeffrey Tucker in his brilliant book calls right-wing populism what it actually is, namely, fascism, or, in its German form national socialism, nazism. You need Tucker’s book. You need to worry. If you are a real liberal, you need to know where the new national socialism comes from, the better to call it out and shame it back into the shadows. Now."— Deirdre McCloskey
Law and Revolution
Harold J. Berman - 1983
Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Why Societies Need Dissent (Revised)
Cass R. Sunstein - 2003
Sunstein shows that organizations and nations are far more likely to prosper if they welcome dissent and promote openness. Attacking "political correctness" in all forms, Sunstein demonstrates that corporations, legislatures, even presidents are likely to blunder if they do not cultivate a culture of candor and disclosure. He shows that unjustified extremism, including violence and terrorism, often results from failure to tolerate dissenting views. The tragedy is that blunders and cruelties could be avoided if people spoke out.Sunstein casts new light on freedom of speech, showing that a free society not only forbids censorship but also provides public spaces for dissenters to expose widely held myths and pervasive injustices. He provides evidence about the effects of conformity and dissent on the federal courts. The evidence shows not only that Republican appointees vote differently from Democratic appointees but also that both Republican and Democratic judges are likely to go to extremes if unchecked by opposing views. Understanding the need for dissent illuminates countless social debates, including those over affirmative action in higher education, because diversity is indispensable to learning.Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense. This is true for dissenters in boardrooms, churches, unions, and academia. It is true for dissenters in the White House, Congress, and the Supreme Court. And it is true during times of war and peace.
The Rule of Law
Tom Bingham - 2010
The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Western Political Thought: From Socrates to the Age of Ideology
Brian R. Nelson - 1995
It views the thinkers in an historical context and examines them in terms of changing relationships of ethics and politics in Western political philosophy.
Why Liberalism Failed
Patrick J. Deneen - 2018
This has created a peculiar situation in which liberalism’s proponents tend to forget that it is an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure.
Constitutional Law and Politics, Volume 2
David M. O'Brien - 2002
This comprehensive text presents a wide range of excerpts and opinions from the most significant Supreme Court cases and provides the contextual material students need to interpret their historical significance. The Sixth Edition adds material on dozens of important recent cases, current through June 2004, and features carefully updated and refined pedagogy.Author Biography: David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia, where he teaches the popular constitutional law course on which his book Constitutional Law and Politics (now in its Sixth Edition) is based. Professor O'Brien is a regular commentator on the Supreme Court's activities and rulings. He is the author of over fifteen books and regularly contributes op-ed pieces on the Court to the Los Angeles Times.