Book picks similar to
The Dignity of Legislation by Jeremy Waldron
philosophy
law
wanted-books
law-order-and-punishment
The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey
Michael Huemer - 2012
What entitles the state to behave in this manner? And why should citizens obey its commands? This book examines theories of political authority, from the social contract theory, to theories of democratic authorization, to fairness- and consequence-based theories. Ultimately, no theory of authority succeeds, and thus no government has the kind of authority often ascribed to governments.The author goes on to discuss how voluntary and competitive institutions could provide the central goods for the sake of which the state is often deemed necessary, including law, protection from private criminals, and national security. An orderly and livable society thus does not require acquiescence in the illusion of political authority.
Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed
James C. Scott - 1998
Why do well-intentioned plans for improving the human condition go tragically awry?In this wide-ranging and original book, James C. Scott analyzes failed cases of large-scale authoritarian plans in a variety of fields. Centrally managed social plans misfire, Scott argues, when they impose schematic visions that do violence to complex interdependencies that are not—and cannot—be fully understood. Further, the success of designs for social organization depends upon the recognition that local, practical knowledge is as important as formal, epistemic knowledge. The author builds a persuasive case against "development theory" and imperialistic state planning that disregards the values, desires, and objections of its subjects. He identifies and discusses four conditions common to all planning disasters: administrative ordering of nature and society by the state; a "high-modernist ideology" that places confidence in the ability of science to improve every aspect of human life; a willingness to use authoritarian state power to effect large- scale interventions; and a prostrate civil society that cannot effectively resist such plans.
Marxism and Terrorism
Leon Trotsky - 1995
But it has been the terror of the capitalist rulers against which an outraged majority eventually rises. Trotsky explains why the working class is the only social force capable of leading the toiling majority in overthrowing the capitalist exploiters and beginning the construction of a new society and why individual terrorism -- whatever its intention -- relegates the workers to the role of spectators and opens the workers movement to provocation and victimization.
Politics
Aristotle
"Encyclopaedic knowledge has never, before or since, gone hand in hand with a logic so masculine or with speculation so profound," says H. W. C. Davis in his introduction. Students, teachers, and scholars will welcome this inexpensive new edition of the Benjamin Jowett translation, as will all readers interested in Greek thought, political theory, and depictions of the ideal state.
Republicanism: A Theory of Freedom and Government
Philip Pettit - 1997
The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens withan examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty.The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard tosubstantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relationsfounded upon civility and trust.Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Anti-Pluralism: The Populist Threat to Liberal Democracy
William A. Galston - 2018
Whether today’s populism represents a corrective to unfair and obsolete policies or a threat to liberal democracy itself remains up for debate. Yet this much is clear: these challenges indict the triumphalism that accompanied liberal democratic consolidation after the collapse of the Soviet Union. To respond to today’s crisis, good leaders must strive for inclusive economic growth while addressing fraught social and cultural issues, including demographic anxiety, with frank attention. Although reforms may stem the populist tide, liberal democratic life will always leave some citizens unsatisfied. This is a permanent source of vulnerability, but liberal democracy will endure so long as citizens believe it is worth fighting for.
The Closing of the American Mind
Allan Bloom - 1987
In this acclaimed number one national best-seller, one of our country's most distinguished political philosophers argues that the social/political crisis of 20th-century America is really an intellectual crisis. Allan Bloom's sweeping analysis is essential to understanding America today. It has fired the imagination of a public ripe for change.
Restoring the Lost Constitution: The Presumption of Liberty
Randy E. Barnett - 2003
Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.
The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin
Corey Robin - 2011
Buckley made a confession to Corey Robin. Capitalism is "boring," said the founding father of the American right. "Devoting your life to it," as conservatives do, "is horrifying if only because it's so repetitious. It's like sex." With this unlikely conversation began Robin's decade-long foray into the conservative mind. What is conservatism, and what's truly at stake for its proponents? If capitalism bores them, what excites them?Tracing conservatism back to its roots in the reaction against the French Revolution, Robin argues that the right is fundamentally inspired by a hostility to emancipating the lower orders. Some conservatives endorse the free market, others oppose it. Some criticize the state, others celebrate it. Underlying these differences is the impulse to defend power and privilege against movements demanding freedom and equality.Despite their opposition to these movements, conservatives favor a dynamic conception of politics and society--one that involves self-transformation, violence, and war. They are also highly adaptive to new challenges and circumstances. This partiality to violence and capacity for reinvention has been critical to their success.Written by a keen, highly regarded observer of the contemporary political scene, The Reactionary Mind ranges widely, from Edmund Burke to Antonin Scalia, from John C. Calhoun to Ayn Rand. It advances the notion that all rightwing ideologies, from the eighteenth century through today, are historical improvisations on a theme: the felt experience of having power, seeing it threatened, and trying to win it back.
After Virtue: A Study in Moral Theory
Alasdair MacIntyre - 1982
Newsweek called it “a stunning new study of ethics by one of the foremost moral philosophers in the English-speaking world.” Since that time, the book has been translated into more than fifteen foreign languages and has sold over one hundred thousand copies. Now, twenty-five years later, the University of Notre Dame Press is pleased to release the third edition of After Virtue, which includes a new prologue “After Virtue after a Quarter of a Century.” In this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery. While the individual chapters are wide-ranging, once pieced together they comprise a penetrating and focused argument about the price of modernity. In the Third Edition prologue, MacIntyre revisits the central theses of the book and concludes that although he has learned a great deal and has supplemented and refined his theses and arguments in other works, he has “as yet found no reason for abandoning the major contentions” of this book. While he recognizes that his conception of human beings as virtuous or vicious needed not only a metaphysical but also a biological grounding, ultimately he remains “committed to the thesis that it is only from the standpoint of a very different tradition, one whose beliefs and presuppositions were articulated in their classical form by Aristotle, that we can understand both the genesis and the predicament of moral modernity.”
The Anti-Federalist Papers and the Constitutional Convention Debates
Ralph Louis Ketcham - 1986
Edited and introduced by Ralph Ketcham.
The Shield of Achilles: War, Peace, and the Course of History
Philip Bobbitt - 2002
But now our world has changed irrevocably. What faces us in this era of fear and uncertainty? How do we protect ourselves against war machines that can penetrate the defenses of any state? Visionary and prophetic, The Shield of Achilles looks back at history, at the “Long War” of 1914-1990, and at the future: the death of the nation-state and the birth of a new kind of conflict without precedent.
The Fourth Revolution: The Global Race to Reinvent the State
John Micklethwait - 2014
As John Micklethwait and Adrian Wooldridge show us, that is a seriously limited view of things. In fact, there have been three great revolutions in government in the history of the modern world. The West has led these revolutions, but now we are in the midst of a fourth revolution, and it is Western government that is in danger of being left behind.Now, things really are different. The West’s debt load is unsustainable. The developing world has harvested the low-hanging fruits. Industrialization has transformed all the peasant economies it had left to transform, and the toxic side effects of rapid developing world growth are adding to the bill. From Washington to Detroit, from Brasilia to New Delhi, there is a dual crisis of political legitimacy and political effectiveness.The Fourth Revolution crystallizes the scope of the crisis and points forward to our future. The authors enjoy extraordinary access to influential figures and forces the world over, and the book is a global tour of the innovators in how power is to be wielded. The age of big government is over; the age of smart government has begun. Many of the ideas the authors discuss seem outlandish now, but the center of gravity is moving quickly.This tour drives home a powerful argument: that countries’ success depends overwhelmingly on their ability to reinvent the state. And that much of the West—and particularly the United States—is failing badly in its task. China is making rapid progress with government reform at the same time as America is falling badly behind. Washington is gridlocked, and America is in danger of squandering its huge advantages from its powerful economy because of failing government. And flailing democracies like India look enviously at China’s state-of-the-art airports and expanding universities.The race to get government right is not just a race of efficiency. It is a race to see which political values will triumph in the twenty-first century—the liberal values of democracy and liberty or the authoritarian values of command and control. The stakes could not be higher.
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
Machiavelli in Hell
Sebastian De Grazia - 1989
After providing an engrossing account of Machiavelli's childhood and the period following his imprisonment and torture, the book turns to an examination of The Prince. The details of Machiavelli's life never cease to weave in and out of the narrative, as we read how his ideas gather power and coalesce into a unified vision of humankind and the world."De Grazia's achievement is to present a totally comprehensive view of Machiavelli mediated entirely through Machiavelli's own language."--Journal of Modern History