Book picks similar to
Paths of Justice by Johannes M.M. Chan
law
political-philosophy
topic-hk
A Theory of Justice
John Rawls - 1971
The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.
Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom
Andrew P. Napolitano - 2012
Judge Andrew P. Napolitano reveals how Roosevelt, a bully, and Wilson, a constitutional scholar, each pushed aside the Constitution's restrictions on the federal government and used it as an instrument to redistribute wealth, regulate personal behavior, and enrich the government. These two men and the Progressives that supported them have brought us, among other things:-the income tax-the Federal Reserve-compulsory, state-prescribed education-the destruction of state sovereignty-the rise of Jim Crow and military conscription-prohibition and warThis Progressive Era witnessed the most dramatic peaceful shift of power from persons and from the states to a new and permanent federal bureaucracy in all of American history.
Democracy in America
Alexis de Tocqueville - 1835
Alexis de Tocqueville, a young French aristocrat, came to the young nation to investigate the functioning of American democracy & the social, political & economic life of its citizens, publishing his observations in 1835 & 1840. Brilliantly written, vividly illustrated with vignettes & portraits, Democracy in America is far more than a trenchant analysis of one society at a particular point in time. What will most intrigue modern readers is how many of the observations still hold true: on the mixed advantages of a free press, the strained relations among the races & the threats posed to democracies by consumerism & corruption. So uncanny is Tocqueville’s insight & so accurate are his predictions, that it seems as tho he were not merely describing the American identity but actually helping to create it.
The Conscience of a Conservative
Barry M. Goldwater - 1960
Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.
The Penguin Guide to the United States Constitution
Richard Beeman - 2010
Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Consittution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time.
The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
Libertarianism: A Primer
David Boaz - 1997
In 1995 a Gallup poll found that 52 percent of Americans said "the federal government has become so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens." Later that year, The Wall Street Journal concurred, saying: "Because of their growing disdain for government, more and more Americans appear to be drifting—often unwittingly—toward a libertarian philosophy." Libertarianism is hardly new, but its framework for liberty under law and economic progress makes it especially suited for the dynamic new era we are now entering. In the United States, the bureaucratic leviathan is newly threatened by a resurgence of the libertarian ideas upon which the country was founded. We are witnessing a breakdown of all the cherished beliefs of the welfare-warfare state. Americans have seen the failure of big government. Now, in the 1990s, we are ready to apply the lessons of this century to make the next one the century not of the state but of the free individual. David Boaz presents the essential guidebook to the libertarian perspective, detailing its roots, central tenets, solutions to contemporary policy dilemmas, and future in American politics. He confronts head-on the tough questions frequently posed to libertarians: What about inequality? Who protects the environment? What ties people together if they are essentially self-interested? A concluding section, "Are You a Libertarian?" gives readers a chance to explore the substance of their own beliefs. Libertarianism is must reading for understanding one of the most exciting and hopeful movements of our time.
For a New Liberty: The Libertarian Manifesto
Murray N. Rothbard - 1973
Rothbard begins with a quick overview of its historical roots, and then goes on to define libertarianism as resting "upon one single axiom: that no man or group of men shall aggress upon the person or property of anyone else." He writes a withering critique of the chief violator of liberty: the State. Rothbard then provides penetrating libertarian solutions for many of today's most pressing problems, including poverty, war, threats to civil liberties, the education crisis, and more.
We have now begun our descent: How to Stop South Africa losing its way
Justice Malala - 2015
I am furious. Because I never thought it would happen to us. Not us, the rainbow nation that defied doomsayers and suckled and nurtured a fragile democracy into life for its children. I never thought it would happen to us, this relentless decline, the flirtation with a leap over the cliff.” In a searing, honest paean to his country, renowned political journalist and commentator Justice Malala forces South Africa to come face to face with the country it has become: corrupt, crime-ridden, compromised, its institutions captured by a selfish political elite bent on enriching itself at the expense of everyone else. In this deeply personal reflection, Malala’s diagnosis is devastating: South Africa is on the brink of ruin. He does not stop there. Malala believes that we have the wherewithal to turn things around: our lauded Constitution, the wealth of talent that exists, our history of activism and a democratic trajectory can all be used to stop the rot. But he has a warning: South Africans of all walks of life need to wake up and act, or else they will soon find their country has been stolen.
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.
Terror and Consent: The Wars for the Twenty-First Century
Philip Bobbitt - 2008
In this book Philip Bobbitt brings together historical, legal, and strategic analyses to understand the idea of a “war on terror.” Does it make sense? What are its historical antecedents? How would such a war be “won”? What are the appropriate doctrines of constitutional and international law for democracies in such a struggle?He provocatively declares that the United States is the chief cause of global networked terrorism because of overwhelming American strategic dominance. This is not a matter for blame, he insists, but grounds for reflection on basic issues. We have defined the problem of winning the fight against terror in a way that makes the situation virtually impossible to resolve. We need to change our ideas about terrorism, war, and even victory itself.Bobbitt argues that the United States has ignored the role of law in devising its strategy, with fateful consequences, and has failed to reform law in light of the changed strategic context. Along the way he introduces new ideas and concepts—Parmenides’ Fallacy, the Connectivity Paradox, the market state, and the function of terror as a by-product of globalization—to help us prepare for what may be a decades-long conflict of which the battle against al Qaeda is only the first instance.At stake is whether we can maintain states of consent in the twenty-first century or whether the dominant constitutional order will be that of states of terror. Challenging, provocative, and insightful, Terror and Consent addresses the deepest themes of governance, liberty, and violence. It will change the way we think about confronting terror—and it will change the way we evaluate public policies in that struggle.
Open Borders: The Science and Ethics of Immigration
Bryan Caplan - 2019
Those in favor of welcoming more immigrants often cite humanitarian reasons, while those in favor of more restrictive laws argue the need to protect native citizens.But economist Bryan Caplan adds a new, compelling perspective to the immigration debate: He argues that opening all borders could eliminate absolute poverty worldwide and usher in a booming worldwide economy—greatly benefiting humanity.With a clear and conversational tone, exhaustive research, and vibrant illustrations by Zach Weinersmith, Open Borders makes the case for unrestricted immigration easy to follow and hard to deny.
The Declaration of Independence: A Study in the History of Political Ideas
Carl Lotus Becker - 1942
Becker's important study is an analysis of the concepts expressed in the Declaration. Here is a lucid explanation of what the Declaration really is, what views it sets forth, where those views arose, and how they have been accepted or modified by succeeding generations. A book that every American should read.
The Federalist Papers
Alexander Hamilton - 1788
Ideal for anyone who wants to read a great work for the first time or revisit an old favorite, these new editions open the door to the stories and ideas that have shaped our world.