Book picks similar to
The Nature of the Judicial Process by Benjamin N. Cardozo
law
philosophy
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non-fiction
The Internationalists: How a Radical Plan to Outlaw War Remade the World
Oona A. Hathaway - 2017
Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals—Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists examines with renewed appreciation an international system that has outlawed wars of aggression and brought unprecedented stability to the world map. Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible.
The Motorcycle Diaries: Notes on a Latin American Journey
Ernesto Che Guevara - 1992
This new, expanded edition features exclusive, unpublished photos taken by the 23-year-old Ernesto on his journey across a continent, and a tender preface by Aleida Guevara, offering an insightful perspective on the man and the icon.Features of this edition include:A preface by Che Guevara’s daughter AleidaIntroduction by Cintio Vintier, well-known Latin American poetPhotos & maps from the original journeyPostcript: Che’s personal reflections on his formative years: “A child of my environment.” Published in association with the Che Guevara Studies Center, Havana
Men in Black: How Judges are Destroying America
Mark R. Levin - 2005
Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In
Men in Black: How the Supreme Court Is Destroying America
, Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights. Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In
Men in Black,
you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.
Folk Devils and Moral Panics
Stanley Cohen - 1973
The insights Cohen provides into subculture and mass morality are as relevant today as they were when the book was originally published in 1972, as illustrated by the author's introduction for this new edition, in which he tracks moral panics over the last thirty years, commenting on the demonization of young offenders and asylum seekers and on the News of the World's 'name and shame' campaign against paedophiles.Revisiting the theory of moral panic and exploring the way in which the concept has been used, this new edition features a select bibliography of key texts for further reading. The third edition of Folk Devils and Moral Panics makes available a valuable and widely recommended text.
The Rights of War and Peace
Hugo Grotius - 1625
However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.
Extracts From: The Second Sex
Simone de Beauvoir - 2015
Never before had the case for female liberty been so forcefully and successfully argued. De Beauvoir’s belief that ‘One is not born, but rather becomes, a woman’ switched on light bulbs in the heads of a generation of women and began a fight for greater equality and economic independence. These pages contain the key passages of the book that changed perceptions of women forever.
Pragmatism and Other Writings
William James - 1907
Ranging from philosophy and psychology to religion and politics, James composed the most engaging formulation of American pragmatism. 'Pragmatism' grew out of a set of lectures and the full text is included here along with 'The Meaning of Truth', 'Psychology', 'The Will to Believe', and 'Talks to Teachers on Psychology'.
Political Theology: Four Chapters on the Concept of Sovereignty
Carl Schmitt - 1922
Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.
What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution
Herbert J. Storing - 1981
Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
The Art of Cross Examination
Francis Lewis Wellman - 1962
But not anymore.
ABC of Reading
Ezra Pound - 1934
With characteristic vigor and iconoclasm, Pound illustrates his precepts with exhibits meticulously chosen from the classics, and the concluding “Treatise on Meter” provides an illuminating essay for anyone aspiring to read and write poetry. The ABC of Reading emphasizes Pound's ability to discover neglected and unknown genius, distinguish originals from imitations, and open new avenues in literature for our time.
Christianity and Liberalism
J. Gresham Machen - 1922
Though originally published nearly seventy years ago, the book maintains its relevance today.
The Common Reader
Virginia Woolf - 1925
This collection has more than twenty-five selections, including such important statements as "Modern Fiction" and "The Modern Essay."
Economic & Philosophic Manuscripts of 1844
Karl Marx - 1844
After that time the works of Karl Marx and Frederick Engels, especially the influential Communist Manifesto (1848), enjoyed an international audience. The world was to learn a new political vocabulary peppered with "socialism", "capitalism", "the working class", "the bourgeoisie", "labour theory of value", "alienation", "economic determinism", "dialectical materialism", and "historical materialism". Marx's economic analysis of history has been a powerful legacy, the effects of which continue to be felt world-wide.Serving as the foundation for Marx's indictment of capitalism is his extraordinary work titled "Economic and Philosophic Manuscripts", written in 1844 but published nearly a century later. Here Marx offers his theory of human nature and an analysis of emerging capitalism's degenerative impact on man's sense of self and his creative potential. What is man's true nature? How did capitalism gain such a foothold on Western society? What is alienation and how does it threaten to undermine the proletariat? These and other vital questions are addressed as the youthful Marx sets forth his first detailed assessment of the human condition.
Clarence Thomas and the Lost Constitution
Myron Magnet - 2019
He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.