Book picks similar to
Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar by David Dyzenhaus
law
academic
hermann-heller
kelsen
Researching Lived Experience: Human Science for an Action Sensitive Pedagogy
Max Van Manen - 1990
Rather than relying on abstract generalizations and theories, van Manen offers an alternative that taps the unique nature of each human situation.The book offers detailed methodological explications and practical examples of hermeneutic-phenomenological inquiry. It shows how to orient oneself to human experience in education and how to construct a textual question which evokes a fundamental sense of wonder, and it provides a broad and systematic set of approaches for gaining experiential material that forms the basis for textual reflections.Van Manen also discusses the part played by language in educational research, and the importance of pursuing human science research critically as a semiotic writing practice. He focuses on the methodological function of anecdotal narrative in human science research, and offers methods for structuring the research text in relation to the particular kinds of questions being studied. Finally, van Manen argues that the choice of research method is itself a pedagogic commitment and that it shows how one stands in life as an educator.
Not a Suicide Pact: The Constitution in a Time of National Emergency
Richard A. Posner - 2006
citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Justice, Gender, and the Family
Susan Moller Okin - 1989
In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.
Justice and the Politics of Difference
Iris Marion Young - 1990
It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. Starting from claims of excluded groups about decision making, cultural expression, and division of labor, Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. This is an innovative work, an important contribution to feminist theory and political thought, and one of the most impressive statements of the relationship between postmodernist critiques of universalism and concrete thinking.... Iris Young makes the most convincing case I know of for the emancipatory implications of postmodernism. --Seyla Benhabib, State University of New York at Stony Brook
On the Jewish Question (Readings in Modern Jewish History)
Karl Marx - 1844
Karl Marx's views on the Jews Question and Zionism...
Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896-1920
Glenda Elizabeth Gilmore - 1996
She explores the pivotal and interconnected roles played by gender and race in North Carolina politics from the period immediately preceding the disfranchisement of black men in 1900 to the time black and white women gained the vote in 1920. Gender and Jim Crow argues that the ideology of white supremacy embodied in the Jim Crow laws of the turn of the century profoundly reordered society and that within this environment, black women crafted an enduring tradition of political activism. According to Gilmore, a generation of educated African American women emerged in the 1890s to become, in effect, diplomats to the white community after the disfranchisement of their husbands, brothers, and fathers. Using the lives of African American women to tell the larger story, Gilmore chronicles black women's political strategies, their feminism, and their efforts to forge political ties with white women. Her analysis highlights the active role played by women of both races in the political process and in the emergence of southern progressivism. In addition, Gilmore illuminates the manipulation of concepts of gender by white supremacists and shows how this rhetoric changed once women, black and white, gained the vote.
Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity
Siva Vaidhyanathan - 2001
Embedded within conflicts over royalties and infringement are cultural values--about race, class, access, ownership, free speech, and democracy--which influence how rights are determined and enforced. Questions of legitimacy--of what constitutes "intellectual property" or "fair use," and of how to locate a precise moment of cultural creation--have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain's vehement exhortations for "thick" copyright protection, to recent lawsuits regarding sampling in rap music and the "digital moment," exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such "borrowing" by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of "intellectual property" as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.
Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries
Arend Lijphart - 1999
It demonstrates that consensual systems stimulate economic growth, control inflation and unemployment, and limit budget deficits.
What Has Government Done to Our Money? and The Case for a 100 Percent Gold Dollar
Murray N. Rothbard - 1963
The Mises Institute has united this book with its natural complement: a detailed reform proposal for a 100 percent gold dollar. The Case for a 100 Percent Gold Dollar was written a decade before the last vestiges of the gold standard were abolished. His unique plan for making the dollar sound again still holds up. Some people have said: Rothbard tells us what is wrong with money but not what to do about it. Well, by adding this essay, the problem and the answer are united in a comprehensive whole. After presenting the basics of money and banking theory, he traces the decline of the dollar from the 18th century to the present, and provides lucid critiques of central banking, New Deal monetary policy, Nixonian fiat money, and fixed exchange rates. He also provides a blueprint for a return to a 100 percent reserve gold standard. The book made huge theoretical advances. He was the first to prove that the government, and only the government, can destroy money on a mass scale, and he showed exactly how they go about this dirty deed. But just as importantly, it is beautifully written. He tells a thrilling story because he loves the subject so much. The passion that Murray feels for the topic comes through in the prose and transfers to the reader. Readers become excited about the subject, and tell others. Students tell professors. Some, like the great Ron Paul of Texas, have even run for political office after having read it. Rothbard shows precisely how banks create money out of thin air and how the central bank, backed by government power, allows them to get away with it. He shows how exchange rates and interest rates would work in a true free market. When it comes to describing the end of the gold standard, he is not content to describe the big trends. He names names and ferrets out all the interest groups involved. Since Rothbard's death, scholars have worked to assess his legacy, and many of them agree that this little book is one of his most important. Though it has sometimes been inauspiciously packaged and is surprisingly short, its argument took huge strides toward explaining that it is impossible to understand public affairs in our time without understanding money and its destruction.
The Law on Transfer and Business Taxation: With Illustrations, Problems, and Solutions
Hector S. De Leon - 1998
Writing the Winning Thesis or Dissertation: A Step-By-Step Guide
Allan A. Glatthorn - 1998
This revision provides a step-by-step approach to making the thesis or dissertation process easier and more manageable.
Gangsters Without Borders: An Ethnography of a Salvadoran Street Gang
T.W. Ward - 2012
Ward's eight and a half years in Los Angeles conducting participant observation with MS-13, Gangsters Without Borders: An Ethnography of a Salvadoran Street Gang takes an inside look at gang life in the United States and in a global context.Taking us through their journey from their homeland in El Salvador to the mean streets of Los Angeles, Gangsters Without Borders offers a perspective from the point of view of the hard-core members who live this hard, fast, and dangerous life.A powerful and engaging overview of gang dynamics, Gangsters Without Borders contextualizes the sources and severity of the marginalization felt by Salvadoran immigrants and debunks myths about street gangs in the United States. This account of gangsters' lives before, during, and after theirinvolvement with the gang delivers an intimate and analytical portrait unlike any other.
Kill or Capture: The War on Terror and the Soul of the Obama Presidency
Daniel Klaidman - 2012
Behind the scenes, wrenching debates between hawks and doves—those who would kill versus those who would capture—have repeatedly tested the very core of the president’s identity.Top investigative reporter Dan Klaidman has spoken to dozens of sources to piece together a riveting Washington story packed with revelations. As the president’s inner circle debated secret programs, new legal frontiers, and the disjuncture between principles and down-and-dirty politics, Obama vacillated, sometimes lashed out, and spoke in lofty tones while approving a mounting toll of assassinations and kinetic-war operations. Klaidman’s fly-on-the-wall reporting reveals who has his ear, how key national security decisions are really made, and whether or not President Obama has lived up to the promise of candidate Obama. Readers making up their minds about him during the 2012 election year will turn to Kill or Capture to decide.
Free Market Fairness
John Tomasi - 2012
Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style.Provocative and vigorously argued, "Free Market Fairness" offers a bold new way of thinking about politics, economics, and justice--one that will challenge readers on both the left and right.
The Devil's Advocate
Iain Morley - 2005
Written in a humorous and engaging style, this pocket-sized ready-reckoner is easy to read with the text presented in easily absorbable sections. The author steers the reader through the key principles and practical applications of advocacy, step by step in a clear and logical manner.