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.

    Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.

    Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

    This edition of the 1932 work includes the translator's introduction (by George Schwab) which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

    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.

    In particular, she shows how the tradition of Western political thought, which extends from Plato and Aristotle to its culmination in Marx, failed to account for human action. The concluding section of the book, “Introduction into Politics,” examines an issue that is as timely today as it was when Arendt first wrote about it fifty years ago–the modern prejudice against politics. When politics is considered as a means to an end that lies outside of itself, argues Arendt, when force is used to create “freedom,” the very existence of political principles is imperiled.

    The perfect gift for anyone who ever entered law school, it defines the responsibilities of the legal profession from one of law's greatest practitioners.

    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.

    He argues that the only feasible explanations of scientific successes are historical explanations, and that anarchism must now replace rationalism in the theory of knowledge.

    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

    Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.

    In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history.And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.

    The text has influenced thinkers such as Judith Butler, Ernesto Laclau and Slavoj Žižek.The piece is, in fact, an extract from a much longer book, On the Reproduction of Capitalism, until now unavailable in English. Its publication makes possible a reappraisal of seminal Althusserian texts already available in English, their place in Althusser’s oeuvre and the relevance of his ideas for contemporary theory. On the Reproduction of Capitalism develops Althusser’s conception of historical materialism, outlining the conditions of reproduction in capitalist society and the revolutionary struggle for its overthrow.Written in the afterglow of May 1968, the text addresses a question that continues to haunt us today: in a society that proclaims its attachment to the ideals of liberty and equality, why do we witness the ever-renewed reproduction of relations of domination? Both a conceptually innovative text and a key theoretical tool for activists, On the Reproduction of Capitalism is an essential addition to the corpus of the twentieth-century Left.

    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.

    But since its birth was announced a century ago in 1898 by William James, pragmatism has played a vital role in almost every area of American intellectual and cultural life, inspiring judges, educators, politicians, poets, and social prophets.Now the major texts of American pragmatism, from William James and John Dewey to Richard Rorty and Cornel West, have been brought together and reprinted unabridged. From the first generation of pragmatists, including the Supreme Court Justice Oliver Wendell Holmes and the founder of semiotics, Charles Sanders Peirce, to the leading figures in the contemporary pragmatist revival, including the philosopher Hilary Putnam, the jurist Richard Posner, and the literary critic Richard Poirier, all the contributors to this volume are remarkable for the wit and vigor of their prose and the mind-clearing force of their ideas. Edited and with an Introduction by Louis Menand, Pragmatism: A Reader will provide both the general reader and the student of American culture with excitement and pleasure.