Book picks similar to
Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar by David Dyzenhaus
law
carl-schmitt
kelsen
staatswissenschaf<br/>ten
The Rule of Law
Tom Bingham - 2010
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.
The Ethics of Authenticity
Charles Taylor - 1991
While some lament the slide of Western culture into relativism and nihilism and others celebrate the trend as a liberating sort of progress, Charles Taylor calls on us to face the moral and political crises of our time, and to make the most of modernity's challenges.At the heart of the modern malaise, according to most accounts, is the notion of authenticity, of self-fulfillment, which seems to render ineffective the whole tradition of common values and social commitment. Though Taylor recognizes the dangers associated with modernity's drive toward self realization, he is not as quick as others to dismiss it. He calls for a freeze on cultural pessimism.In a discussion of ideas and ideologies from Friedrich Nietzsche to Gail Sheehy, from Allan Bloom to Michel Foucault, Taylor sorts out the good from the harmful in the modern cultivation of an authentic self. He sets forth the entire network of thought and morals that link our quest for self-creation with our impulse toward self-fashioning, and shows how such efforts must be conducted against an existing set of rules, or a gridwork of moral measurement. Seen against this network, our modern preoccupations with expression, rights, and the subjectivity of human thought reveal themselves as assets, not liabilities.By looking past simplistic, one-sided judgments of modern culture, by distinguishing the good and valuable from the socially and politically perilous, Taylor articulates the promise of our age. His bracing and provocative book gives voice to the challenge of modernity, and calls on all of us to answer it.
Leviathan
Thomas Hobbes - 1651
But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world.
Violence: Six Sideways Reflections
Slavoj Žižek - 2007
Drawing from his unique cultural vision, Žižek brings new light to the Paris riots of 2005; he questions the permissiveness of violence in philanthropy; in daring terms, he reflects on the powerful image and determination of contemporary terrorists.Violence, Žižek states, takes three forms--subjective (crime, terror), objective (racism, hate-speech, discrimination), and systemic (the catastrophic effects of economic and political systems)--and often one form of violence blunts our ability to see the others, raising complicated questions.Does the advent of capitalism and, indeed, civilization cause more violence than it prevents? Is there violence in the simple idea of "the neighbour"? And could the appropriate form of action against violence today simply be to contemplate, to think?Beginning with these and other equally contemplative questions, Žižek discusses the inherent violence of globalization, capitalism, fundamentalism, and language, in a work that will confirm his standing as one of our most erudite and incendiary modern thinkers.
Restoring the Lost Constitution: The Presumption of Liberty
Randy E. Barnett - 2003
Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.
Life Without Parole: Living in Prison Today
Victor Hassine - 1996
This book conveys the changes in prison life that have come about as a result of the war on drugs, prison overcrowding, and demographic changes in inmate populations.
Qualitative Research Design: An Interactive Approach: 41 (Applied Social Research Methods)
Joseph A. Maxwell - 2012
It shows how the components of design interact with each other, and provides a strategy for creating coherent and workable relationships among these design components, highlighting key design issues. Written in an informal, jargon-free style, the new Third Edition incorporates examples and hands-on exercises.
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.
Climate Matters: Ethics in a Warming World (Amnesty International Global Ethics Series)
John Broome - 2012
As he considers the moral dimensions of climate change, he reasons clearly through what universal standards of goodness and justice require of us, both as citizens and as governments. His conclusions—some as demanding as they are logical—will challenge and enlighten. Eco-conscious readers may be surprised to hear they have a duty to offset all their carbon emissions, while policy makers will grapple with Broome’s analysis of what if anything is owed to future generations. From the science of greenhouse gases to the intricate logic of cap and trade, Broome reveals how the principles that underlie everyday decision making also provide simple and effective ideas for confronting climate change. Climate Matters is an essential contribution to one of the paramount issues of our time.(Taken from publisher's website.)
Capitalism: The Unknown Ideal
Ayn Rand - 1966
This is the view of Ayn Rand, a view so radically opposed to prevailing attitudes that it constitutes a major philosophic revolution. In this series of essays, she presents her stand on the persecution of big business, the causes of war, the default of conservatism, and the evils of altruism. Here is a challenging new look at modern society by one of the most provocative intellectuals on the American scene. This edition includes two articles by Ayn Rand that did not appear in the hardcover edition: “The Wreckage of the Consensus,” which presents the Objectivists’ views on Vietnam and the draft; and “Requiem for Man,” an answer to the Papal encyclical Progresso Populorum.
Public Opinion
Walter Lippmann - 1922
As Michael Curtis indicates in his introduction to this edition. Public Opinion qualifies as a classic by virtue of its systematic brilliance and literary grace. The work is divided into eight parts, covering such varied issues as stereotypes, image making, and organized intelligence. The study begins with an analysis of "the world outside and the pictures in our heads, " a leitmotif that starts with issues of censorship and privacy, speed, words, and clarity, and ends with a careful survey of the modern newspaper. The work is a showcase for Lippmann's vast erudition. He easily integrated the historical, psychological, and philosophical literature of his day, and in every instance showed how relevant intellectual formations were to the ordinary operations of everyday life. Public Opinion is of enduring significance for communications scholars, historians, sociologists, and political scientists.
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.
Free Speech And Why It Matters
Andrew Doyle - 2021
Casual expressions of homophobia, racism and sexism went from being commonplace to being rejected by the vast majority of the public over the course of just two decades.Since then, the victories of Political Correctness have formed the basis for a new intolerant mindset, one that seeks to move beyond simply reassessing the social contract of shared discourse to actively policing speech that is deemed offensive or controversial. Rather than confront bad ideas through discussion, it has now become common to intimidate one's detractors into silence through 'cancel culture', a ritual of public humiliation and boycotting which can often lead to the target losing his or her means of income.Free Speech is a defence of our right to express ourselves as we see fit, and takes the form of a letter to those who are unpersuaded. Taking on board legitimate concerns about how speech can be harmful, Andrew Doyle argues that the alternative - an authoritarian world in which our freedoms are surrendered to those in power - has far worse consequences.