As a result he was detained in solitary confinement, tortured by sleep deprivation and eventually blown up by a car bomb which cost him his right arm and the sight of an eye. His experiences provoked an outpouring of creative thought on the role of law as a protector of human dignity in the modern world, and a lifelong commitment to seeing a new era of justice established in South Africa.After playing an important part in drafting South Africa's post-apartheid Constitution, he was appointed by Nelson Mandela to be a member of the country's first Constitutional Court. Over the course of his fifteen year term on the Court he has grappled with the major issues confronting modern South Africa, and the challenges posed to the fledgling democracy as it sought to overcome the injustices of the apartheid regime.As his term on the Court approaches its end, Sachs here conveys in intimate fashion what it has been like to be a judge in these unique circumstances, how his extraordinary life has influenced his approach to the cases before him, and his views on the nature of justice and its achievement through law.The book provides unique access to an insider's perspective on modern South Africa, and a rare glimpse into the working of a judicial mind. By juxtaposing life experiences and extracts from judgments, Sachs enables the reader to see the complex and surprising ways in which legal culture transforms subjective experience into objectively reasoned decisions. With rare candour he tells of the difficulties he has when preparing a judgment, of how every judgment is a lie. Rejecting purely formal notions of the judicial role he shows how both reason and passion (concern for protecting human dignity) are required for law to work in the service of justice.

    First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”—Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”—Telos

    Satan's Advice to Young Lawyers is a pithy guide to rising from lowly first-year associate to renowned leader of the legal community.Inside the pages of this remarkable book, Satan offers his profound counsel on topics as diverse as choosing evil as a path to power, the billable hour, how to steal clients from your law firm, fashion, and more.Do not let your competition have these secrets for themselves. Get the book now.This profound guidebook makes a great gift for your favorite law student, bar exam taker, bar exam passer or new lawyer.

    These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world's leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate.Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government's giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives' own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened.In reply, some respondents reject Okin's position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin's focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today.The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na'im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir.

    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.

    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.

    The term "Liberty" is so commonly used in our country that it has become a mere cliche. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, Liberty Defined sheds new light on a word that is losing its shape.

    He has just one year to win, by foul means or fair, the sought-after prize of a tenancy in chambers. Competition is fierce, but, armed with a copy of Sun Tzu's 'The Art of War', BabyBarista launches a no-holds barred fight to the death to claim the prize.

    Published posthumously in Germany in the early 1920's, it has become a constitutive part of the modern sociological imagination. Economy and Society was the first strictly empirical comparison of social structures and normative orders in world-historical depth, containing the famous chapters on social action, religion, law, bureaucracy, charisma, the city, and the political community with its dimensions of class, status and power.Economy and Status is Weber's only major treatise for an educated general public. It was meant to be a broad introduction, but in its own way it is the most demanding textbook yet written by a sociologist. The precision of its definitions, the complexity of its typologies and the wealth of its historical content make the work a continuos challenge at several levels of comprehension: for the advanced undergraduate who gropes for his sense of society, for the graduate student who must develop his own analytical skills, and for the scholar who must match wits with Weber.When the long-awaited first complete English edition of Economy and Society was published in 1968, Arthur Stinchcombe wrote in the American Journal of Sociology: "My answer to the question of whether people should still start their sociological intellectual biographies with Economy and Society is yes." Reinhard Bendix noted in the American Sociological Review that the "publication of a compete English edition of Weber's most systematic work [represents] the culmination of a cultural transmission to the American setting...It will be a study-guide and compendium for years to come for all those interested in historical sociology and comparative study."In a lengthy introduction, Guenther Roth traces the intellectual prehistory of Economy and Society, the gradual emergence of its dominant themes and the nature of its internal logic.Mr. Roth is a Professor of Sociology at Columbia University. Mr. Wittich heads an economic research group at the United Nations.

    Its principles can be found in our Bill of Rights and in the Constitution. But what was this strange document that dwells on tax relief and greater fishing rights, and how did it gain legendary status?Dan Jones takes us back to 1215, the turbulent year when the Magna Carta was just a peace treaty between England’s King John and a group of self-interested, violent barons who were tired of his high taxes and endless foreign wars. The treaty would fail within two months of its confirmation. But this important document marked the first time a king was forced to obey his own laws. Jones’s 1215 follows the story of the Magna Carta’s creation, its failure, and the war that subsequently engulfed England and is book that will appeal to fans of microhistories of pivotal years like 1066, 1491, and especially 1776—when American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king.

    Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is widely perceived as central to the communication tradition in modern ethical, social and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike.

    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.

    The relationship between civil society and public life is in the forefront of contemporary discussion. No single scholarly voice informs this discussion more than that of J�rgen Habermas. His contributions have shaped the nature of debates over critical theory, feminism, cultural studies, and democratic politics. In this book, scholars from a wide range of disciplines respond to Habermas's most directly relevant work, The Structural Transformation of the Public Sphere. From political theory to cultural criticism, from ethics to gender studies, from history to media studies, these essays challenge, refine, and extend our understanding of the social foundations and changing character of democracy and public discourse.ContributorsHannah Arendt, Keith Baker, Seyla Benhabib, Harry C. Boyte, Craig Calhoun, Geoff Eley, Nancy Fraser, Nicholas Garnham, J�rgen Habermas, Peter Hohendahl, Lloyd Kramer, Benjamin Lee, Thomas McCarthy, Moishe Postone, Mary P. Ryan, Michael Schudson, Michael Warner, David Zaret

    The distinguished political philosopher and author of the widely acclaimed Just and Unjust Wars analyzes how society distributes not just wealth and power but other social “goods” like honor, education, work, free time—even love.