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Book Illiberal Justice

    Book Details:
  • Author : David Lewis Schaefer
  • Publisher : University of Missouri Press
  • Release : 2007
  • ISBN : 0826216846
  • Pages : 387 pages

Download or read book Illiberal Justice written by David Lewis Schaefer and published by University of Missouri Press. This book was released on 2007 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Schaefer challenges John Rawls's practically sacrosanct status among scholars of political theory, law, and ethics by demonstrating how Rawls's teachings deviate from the core tradition of American constitutional liberalism toward libertarianism"--Provided by publisher.

Book Illiberal Justice

Download or read book Illiberal Justice written by David Lewis Schaefer and published by . This book was released on 2007 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Schaefer challenges John Rawls's practically sacrosanct status among scholars of political theory, law, and ethics by demonstrating how Rawls's teachings deviate from the core tradition of American constitutional liberalism toward libertarianism"--Provided by publisher.

Book The Rise of Illiberalism

Download or read book The Rise of Illiberalism written by Thomas J. Main and published by Brookings Institution Press. This book was released on 2022-01-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: " How a more positive form of identity politics can restore public trust in government Illiberalism, Thomas Main writes, is the basic repudiation of liberal democracy, the very foundation on which the United States rests. It says no to electoral democracy, human rights, the rule of law, toleration. It is a political ideology that finds expression in such older right-wing extremist groups as the Ku Klux Klan and white supremacists and more recently among the Alt-Right and the Dark Enlightenment. There are also left-of-center illiberal movements, including various forms of communism, anarchism, and some antifascist movements. The Rise of Illiberalism explores the philosophical underpinnings of this toxic political ideology and documents how it has infiltrated the mainstream of political discourse in the United States. By the early twenty-first century, Main writes, liberal democracy’s failure to deal adequately with social problems created a space illiberal movements could exploit to promote their particular brands of identity politics as an alternative. A critical need thus is for what the author calls “positive identity politics,” or a widely shared sense of community that gives a feeling of equal importance to all sectors of society. Achieving this goal will, however, be an enormous challenge. In seeking actionable remedies for the broken political system of the United States, this book makes a major scholarly contribution to current debates about the future of liberal democracy. "

Book The American Political Tradition

Download or read book The American Political Tradition written by Richard Hofstadter and published by Vintage. This book was released on 2011-12-21 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Political Tradition is one of the most influential and widely read historical volumes of our time. First published in 1948, its elegance, passion, and iconoclastic erudition laid the groundwork for a totally new understanding of the American past. By writing a "kind of intellectual history of the assumptions behind American politics," Richard Hofstadter changed the way Americans understand the relationship between power and ideas in their national experience. Like only a handful of American historians before him—Frederick Jackson Turner and Charles A. Beard are examples—Hofstadter was able to articulate, in a single work, a historical vision that inspired and shaped an entire generation.

Book Reconstructing Rawls

    Book Details:
  • Author : Robert S. Taylor
  • Publisher : Penn State Press
  • Release : 2015-11-10
  • ISBN : 0271056711
  • Pages : 362 pages

Download or read book Reconstructing Rawls written by Robert S. Taylor and published by Penn State Press. This book was released on 2015-11-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.

Book A Liberal Theory of International Justice

Download or read book A Liberal Theory of International Justice written by Andrew Altman and published by OUP Oxford. This book was released on 2011-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.

Book Ruling by Cheating

    Book Details:
  • Author : András Sajó
  • Publisher : Cambridge University Press
  • Release : 2021-08-12
  • ISBN : 1108956319
  • Pages : 630 pages

Download or read book Ruling by Cheating written by András Sajó and published by Cambridge University Press. This book was released on 2021-08-12 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

Book The Cambridge Rawls Lexicon

Download or read book The Cambridge Rawls Lexicon written by Jon Mandle and published by Cambridge University Press. This book was released on 2014-12-11 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.

Book Social Justice in the Liberal State

Download or read book Social Justice in the Liberal State written by Bruce Ackerman and published by Yale University Press. This book was released on 1981-09-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs

Book Liberalism Beyond Justice

Download or read book Liberalism Beyond Justice written by John Tomasi and published by Princeton University Press. This book was released on 2021-04-13 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal regimes shape the ethical outlooks of their citizens, relentlessly influencing their most personal commitments over time. On such issues as abortion, homosexuality, and women's rights, many religious Americans feel pulled between their personal beliefs and their need, as good citizens, to support individual rights. These circumstances, argues John Tomasi, raise new and pressing questions: Is liberalism as successful as it hopes in avoiding the imposition of a single ethical doctrine on all of society? If liberals cannot prevent the spillover of public values into nonpublic domains, how accommodating of diversity can a liberal regime actually be? To what degree can a liberal society be a home even to the people whose viewpoints it was formally designed to include? To meet these questions, Tomasi argues, the boundaries of political liberal theorizing must be redrawn. Political liberalism involves more than an account of justified state coercion and the norms of democratic deliberation. Political liberalism also implies a distinctive account of nonpublic social life, one in which successful human lives must be built across the interface of personal and public values. Tomasi proposes a theory of liberal nonpublic life. To live up to their own deepest commitments to toleration and mutual respect, liberals, he insists, must now rethink their conceptions of social justice, civic education, and citizenship itself. The result is a fresh look at liberal theory and what it means for a liberal society to function well.

Book Illiberal Reformers

Download or read book Illiberal Reformers written by Thomas C. Leonard and published by Princeton University Press. This book was released on 2017-01-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, progressive income taxes, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Economic progressives championed labor legislation because it would lift up the deserving poor while excluding immigrants, African Americans, women, and 'mental defectives, ' whom they vilified as low-wage threats to the American workingman and to Anglo-Saxon race integrity. Economic progressives rejected property and contract rights as illegitimate barriers to needed reforms. But their disregard for civil liberties extended much further. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors, but to exclude them. -- Provided by publisher.

Book Democratic Justice  Felix Frankfurter  the Supreme Court  and the Making of the Liberal Establishment

Download or read book Democratic Justice Felix Frankfurter the Supreme Court and the Making of the Liberal Establishment written by Brad Snyder and published by W. W. Norton & Company. This book was released on 2022-08-23 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.

Book A Theory of Justice

    Book Details:
  • Author : John RAWLS
  • Publisher : Harvard University Press
  • Release : 2009-06-30
  • ISBN : 0674042603
  • Pages : 624 pages

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Book Global Justice in a Democratic World

Download or read book Global Justice in a Democratic World written by Justyna Miklaszewska and published by Rowman & Littlefield. This book was released on 2021-07-07 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the theories of justice developed by Rawls, Sen and Nussbaum, and aims to demonstrate their mutual relationship. All three liberal theories significantly enrich the set of fundamental principles of morality that concerns the sphere of political action. The novelty of Sen’s and Nussbaum’s capability approach in comparison with Rawls is that they discuss the problem of social justice on a global scale. They do not try to extend and adjust the two principles of justice to the whole of mankind, nor do they treat the difference principle as to be applied everywhere. Instead, they present their own cosmopolitan approach to applying their theories of justice to take into account issues which are neglected or insufficiently developed by Rawls, such as global inequalities, discrimination against women, the rights of people with disabilities, and animal rights. These theories can be described as an alternative to the crucial objection towards Rawls’ work that this theory of justice does not address these important global problems.

Book Rawls and Religion

    Book Details:
  • Author : Tom Bailey
  • Publisher : Columbia University Press
  • Release : 2014-12-23
  • ISBN : 0231538391
  • Pages : 329 pages

Download or read book Rawls and Religion written by Tom Bailey and published by Columbia University Press. This book was released on 2014-12-23 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls's influential theory of justice and public reason has often been thought to exclude religion from politics, out of fear of its illiberal and destabilizing potentials. It has therefore been criticized by defenders of religion for marginalizing and alienating the wealth of religious sensibilities, voices, and demands now present in contemporary liberal societies. In this anthology, established scholars of Rawls and the philosophy of religion reexamine and rearticulate the central tenets of Rawls's theory to show they in fact offer sophisticated resources for accommodating and responding to religions in liberal political life. The chapters reassert the subtlety, openness, and flexibility of his sense of liberal "respect" and "consensus," revealing their inclusive implications for religious citizens. They also explore the means he proposes for accommodating nonliberal religions in liberal politics, developing his conception of "public reason" into a novel account of the possibilities for rational engagement between liberal and religious ideas. And they reevaluate Rawls's liberalism from the "transcendent" perspectives of religions themselves, critically considering its normative and political value, as well as its own "religious" character. Rawls and Religion makes a unique and important contribution to contemporary debates over liberalism and its response to the proliferation of religions in contemporary political life.

Book Pillars of Justice

    Book Details:
  • Author : Owen Fiss
  • Publisher : Harvard University Press
  • Release : 2017-05-08
  • ISBN : 0674977327
  • Pages : 221 pages

Download or read book Pillars of Justice written by Owen Fiss and published by Harvard University Press. This book was released on 2017-05-08 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century. Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law. For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.

Book Struggles for Justice

    Book Details:
  • Author : Alan Dawley
  • Publisher : Harvard University Press
  • Release : 1991
  • ISBN : 9780674845817
  • Pages : 574 pages

Download or read book Struggles for Justice written by Alan Dawley and published by Harvard University Press. This book was released on 1991 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new interpretation of the making of modern America, Dawley traces the group struggles involved in the nation's rise to power. Probing the dynamics of social change, he explores tensions between industrial workers and corporate capitalists, Victorian moralists and New Women, native Protestants and Catholic immigrants.