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Author : Randy E. Barnett Publisher : Oxford University Press, USA Page : 363 pages File Size : 34,49 MB Release : 1998-04-02 Category : Political Science ISBN : 019152204X
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -
This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.
Equality in Liberty and Justice is an integrated collection of essays in political philosophy, divided into two parts. The first examines (classically) liberal ideas-the ideas of the Founding Fathers of the American republic-and some of the applications and the rejections of such ideas in our contemporary world. Among other questions about liberty and responsibility it considers, in the context of the imprisonment and psychiatric treatment of dissidents in the psychiatric hospitals of the former Soviet Union, Plato's suggestion that all delinquency is an expression of mental disease.The second part examines the relations and the lack of relations between old fashioned, without prefix or suffix, justice and what is called by its promoters social justice. It therefore presses such questions as "Equal outcomes or equal justice?" and "Enemies of poverty or of inequality?"Equality in Liberty and Justice was originally published before the winning of the Cold War and the collapse of the Soviet Empire. This second edition updates the arguments of the previous editor and draws present day moral conclusions. This book will appeal to those for whom the classical liberal and conservative debates still have great meaning. Flew might well be the most significant sunthesizer of Tocqueville and Mill.
"Giroux refuses to give in or give up. The Violence of Organized Forgetting is a clarion call to imagine a different America--just, fair, and caring--and then to struggle for it."--Bill Moyers "Henry Giroux has accomplished an exciting, brilliant intellectual dissection of America's somnambulent voyage into anti-democratic political depravity. His analysis of the plight of America's youth is particularly heartbreaking. If we have a shred of moral fibre left in our beings, Henry Giroux sounds the trumpet to awaken it to action to restore to the nation a civic soul."--Dennis J. Kucinich, former US Congressman and Presidential candidate "Giroux lays out a blistering critique of an America governed by the tenets of a market economy. . . . He cites French philosopher Georges Didi-Huberman's concept of the 'disimagination machine' to describe a culture and pedagogical philosophy that short-circuits citizens' ability to think critically, leaving the generation now reaching adulthood unprepared for an 'inhospitable' world. Picking apart the current malaise of 21st-century digital disorder, Giroux describes a world in which citizenship is replaced by consumerism and the functions of engaged governance are explicitly beholden to corporations."--Publishers Weekly In a series of essays that explore the intersections of politics, popular culture, and new forms of social control in American society, Henry A. Giroux explores how state and corporate interests have coalesced to restrict civil rights, privatize what's left of public institutions, and diminish our collective capacity to participate as engaged citizens of a democracy. From the normalization of mass surveillance, lockdown drills, and a state of constant war, to corporate bailouts paired with public austerity programs that further impoverish struggling families and communities, Giroux looks to flashpoints in current events to reveal how the forces of government and business are at work to generate a culture of mass forgetfulness, obedience and conformity. In The Violence of Organized Forgetting, Giroux deconstructs the stories created to control us while championing the indomitable power of education, democracy, and hope. Henry A. Giroux is a world-renowned educator, author and public intellectual. He currently holds the Global TV Network Chair Professorship at McMaster University in the English and Cultural Studies Department and a Distinguished Visiting Professorship at Ryerson University. The Toronto Star has named Henry Giroux “one of the twelve Canadians changing the way we think." More Praise for Henry A. Giroux's The Violence of Organized Forgetting: "I can think of no book in the last ten years as essential as this. I can think of no other writer who has so clinically dissected the crisis of modern life and so courageously offered a possibility for real material change."--John Steppling, playwright, and author of The Shaper, Dogmouth, and Sea of Cortez "A timely study if there ever was one, The Violence of Organized Forgetting is a milestone in the struggle to repossess the common sense expropriated by the American power elite to be redeployed in its plot to foil the popular resistance against rising social injustice and decay of political democracy."--Zygmunt Bauman, author of Does the Richness of the Few Benefit Us All? among other works Prophetic and eloquent, Giroux gives us, in this hard-hitting and compelling book, the dark scenario of Western crisis where ignorance has become a virtue and wealth and power the means of ruthless abuse of workers, of the minorities and of immigrants. However, he remains optimistic in his affirmation of radical humanity, determined as he is to relate himself to a fair and caring world unblemished by anti-democratic political depravity."--Shelley Walia, Frontline
Analyzes some of the changes brought about by the Reagan-Bush Supreme Court, argues that the court is promoting an erosion of principles, and discusses the impact of Supreme Court decisions on life in the United States
A compelling history of the antiregime coalition forged by liberation-theology Catholics and Marxist-Left militants in Chile's urban shantytowns, with groundbreaking contributions to scholarship on human rights, mass social movements, popular protest, and democratization.
At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
First published in 1987. "Justice and liberty are the central concepts of social and political thought." These true words of Raphael‘s indicate the importance of these concepts, which resides in the fact that they are significantly linked to most of the other key notions in this field of thought, so that an understanding of them is indispensable for an adequate grasp of Social Philosophy. The author explores these concepts on essays on freedom and fairness, and will be of great interest to students of philosophy.