NOMOS - American Society for Political and Legal Philosophy
Скачать книги из серии NOMOS - American Society for Political and Legal PhilosophyTheory and Practice
With 16 original essays all published here for the first time, Theory and Practice focuses on the relationship between philosophical tradition and everyday life in the Western tradition. In this comprehensive volume, Ian Shapiro and Judith Wagner DeCew have gathered contributions from some of the most influential thinkers of our generation including Cass Sunnstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenwalt. What are the relations between philosophical theories and everyday life? This question, as old as it is profound, is the central focus of Theory and Practice . The contributors include some of the most influential thinkers of our generation, among them Cass Sunnstein, Jean Bethke Elshtain, Martha Nessbaum, Jeremy Waldron, and Kent Greenwalt. In sixteen chapters–all published here for the first time—the authors examine major attempts to reconcile theory with practice in the Western tradition from Herodotus, Plato, and Aristotle to Kant and Heidegger. Considerable attention is devoted to the role of theory in judicial decision-making, debates between defenders of the value of pure theory and those who argue for the priority of practice, the political implications of theory, practical problems such as global warming, and the theoretical commitments of practitioners from Karl Marx to Vaclav Havel. One of the most expansive volumes in the NOMOS series to date, Theory and Practice will be of interest to philosophers, lawyers, and social scientists from a wide range of disciplines.
Designing Democratic Institutions
As the principles and practices of democracy continue to spread ever more widely, it is hard to imagine a corner of the globe into which they will not eventually penetrate. But the euphoria of democratic revolutions is typically short-lived, and usually followed by disgruntlement and even cynicism about the actual operation of democratic institutions. It is widely accepted that democracy is a good thing. However democrats have much work to do in improving the performance of democratic institutions. The essays in this volume focus on this difficult and vital challenge: how can we improve the design of democratic institutions? How can public deliberation in democracies be enhanced? How can elections be reformed so as to dampen the excessive influence of special interests, especially those with money? How can democratic institutions be reformed so they can deal with issues that transcend the boundaries of the nation-state? And finally, how can democratic practices better take account of the internal plurality of societies that are ethnically or otherwise divided? Contributors: Brooke Ackerly, Ian Ayres, Geoffrey Brennan, John Ferejohn, Alan Hamlin, Russell Hardin, Donald Horowitz, Stephen Macedo, Philip Petit, Philippe C. Schmitter, Ian Shapiro, Philippe Van Parjis, Iris Marion Young.
Criminal Justice
This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers «The Moral and Metaphysical Sources of the Criminal Law,» with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.
Political Legitimacy
Essays on the political, legal, and philosophical dimensions of political legitimacy. Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series.
Immigration, Emigration, and Migration
Immigration, Emigration and Migration consists of essays written by distinguished scholars across the fields of law, political science, and philosophy that examine questions of travel and migration across national borders. Questions of immigration and border enforcement practices are particularly salient in contemporary public discourse, and examinations of policy and practice bring forth new philosophical quandaries. Why the common assumption that each country has the right to control its own borders? How are laws that restrict or regulate migration created and justified? Why has the criminalization of migration increased? How can migration be better considered through the point of view of the migrants themselves? What are the differences in international and national institutional migratory policy? The volume explores questions of border control and enforcement, criminalization of borders, and how to address current debates and changes in regards to migration and immigration. The intersection of analysis and prescription provides both an assessment of current forms of thought or regulation and suggestion of alterations to address the flaws or failures of present approaches. The eight essays in this volume reflect a variety of considerations and explorations across interdisciplinary lines, and provide a new and thought-provoking discussion of policy, practice, and philosophy of migratory and border practices. Immigration, Emigration and Migration consists of essays written by distinguished scholars across the fields of law, political science, and philosophy that examine questions of travel and migration across national borders. Questions of immigration and border enforcement practices are particularly salient in contemporary public discourse, and examinations of policy and practice bring forth new philosophical quandaries. Why the common assumption that each country has the right to control its own borders? How are laws that restrict or regulate migration created and justified? Why has the criminalization of migration increased? How can migration be better considered through the point of view of the migrants themselves? What are the differences in international and national institutional migratory policy? The volume explores questions of border control and enforcement, criminalization of borders, and how to address current debates and changes in regards to migration and immigration. The intersection of analysis and prescription provides both an assessment of current forms of thought or regulation and suggestion of alterations to address the flaws or failures of present approaches. The eight essays in this volume reflect a variety of considerations and explorations across interdisciplinary lines, and provide a new and thought-provoking discussion of policy, practice, and philosophy of migratory and border practices.
American Conservatism
The topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the essays in this volume themselves reflect differing and sometimes controversial assessments of the theorists under discussion.
Secession and Self-Determination
The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?
Moral Universalism and Pluralism
Moral universalism, or the idea that some system of ethics applies to all people regardless of race, color, nationality, religion, or culture, must have a plurality over which to range — a plurality of diverse persons, nations, jurisdictions, or localities over which morality asserts a universal authority. The contributors to Moral Universalism and Pluralism , the latest volume in the NOMOS series, investigate the idea that, far from denying the existence of such pluralities, moral universalism presupposes it. At the same time, the search for universally valid principles of morality is deeply challenged by diversity. The fact of pluralism presses us to explore how universalist principles interact with ethical, political, and social particularisms. These important essays refuse the answer that particularisms should simply be made to conform to universal principles, as if morality were a mold into which the diverse matter of human society and culture could be pressed. Rather, the authors bring philosophical, legal and political perspectives to bear on the core questions: Which forms of pluralism are conceptually compatible with moral universalism, and which ones can be accommodated in a politically stable way? Can pluralism generate innovations in understandings of moral duty? How is convergence on the validity of legal and moral authority possible in circumstances of pluralism? As the contributors to the book demonstrate in a wide variety of ways, these normative, conceptual, and political questions deeply intertwine. Contributors: Kenneth Baynes, William A. Galston, Barbara Herman, F. M. Kamm, Benedict Kingsbury, Frank I. Michelman, William E. Scheuerman, Gopal Sreenivasan, Daniel Weinstock, and Robin West.
Federalism and Subsidiarity
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Markets and Justice
In this thirty-first annual volume in the American Society of Legal and Political Philosophy's NOMOS series, entitled Markets and Justice , a number of distinguished authors consider a variety of topics in the area where economics, philosophy, and political science join paths. Included are essays such as «Contractarian Method, Private Property, and the Market Economy,» «Justice Under Capitalism,» and «Market Choice and Human Choice.» Authors include Joshua Cohen, MIT; Gerald F. Gaus, University of Queensland; Margaret Jane Radin, University of Southern California; and Andrzej Rapaczynski, Columbia University.Part of a well-known and important series, Markets and Justice will prove invaluable to political scientists, legal scholars, philosophers, and their students.Part of a well-known and important series, Markets and Justice will prove invaluable to political scientists, legal scholars, philosophers, and their students.