NOMOS - American Society for Political and Legal Philosophy
Скачать книги из серии NOMOS - American Society for Political and Legal PhilosophyIntegrity and Conscience
Can individuals believe that they are acting with integrity, yet in disobedience to the dictates of their conscience? Can they retain fidelity to their conscience while ignoring a sense of what integrity requires? Integrity and conscience are often thought to be closely related, perhaps even different aspects of a single impulse. This timely book supports a different and more complicated view. Acting with integrity and obeying one's conscience might be mutually reinforcing in some settings, but in others they can live in varying degrees of mutual tension. Bringing together prominent scholars of legal theory and political philosophy, the volume addresses both classic ruminations on integrity and conscience by Plato, Hume, and Kant as well as more contemporary examinations of professional ethics and the complex relations among politics, law and personal morality.
Compensatory Justice
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Wealth
An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. [b][/b]Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy. Wealth offers analysis and prescription including original assessment of existing forms of economic wealth and creative policy responses for the negative implications of wealth inequality. Economic wealth and its distribution is a pressing issue and this latest installment in the NOMOS series offers new and thought provoking insights.
Virtue
In the United States, there exists increasing uneasiness about the predominance of self-interest in both public and private life, growing fear about the fragmentation and privatization of American society, mounting concerns about the effects of institutions—ranging from families to schools to the media—on the character of young people, and a renewed tendency to believe that without certain traditional virtues neither public leaders nor public policies are likely to succeed. In this thirty-fourth volume in The American Society of Legal and Political Philosophy , a distinguished group of international scholars from a range of disciplines examines what is meant by virtue, analyzing various historical and analytical meanings of virtue, notions of liberal virtue, civic virtue, and judicial virtue, and the nature of secular and theological virtue. The contributors include: Jean Baechler (University of Paris-Sorbonne), Annette C. Baier (University of Pittsburgh), Ronald Beiner (University of Toronto), Christopher J. Berry (University of Glasgow), J. Budziszweski (University of Texas), Charles Larmore (Columbia University), David Luban (University of Maryland), Stephen Macedo (Harvard University), Michael J. Perry (Northwestern University), Terry Pinkard (Georgetown University), Jonathan Riley (Tulane University), George Sher (University of Vermont), Judith N. Shklar (Harvard University), Rogers M. Smith (Yale University), David A. Strauss (University of Chicago), and Joan C. Williams (American University).
Transitional Justice
Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors : Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.
Passions and Emotions
Throughout the history of moral, political, and legal philosophy,many have portrayed passions and emotions as beingopposed to reason and good judgment. At the same time,others have defended passions and emotions as temperingreason and enriching judgment, and there is mountingempirical evidence linking emotions to moral judgment. InPassions and Emotions, a group of prominent scholars inphilosophy, political science, and law explore three clustersof issues: “Passion & Impartiality: Passions & Emotions inMoral Judgment”; “Passion & Motivation: Passions & Emotionsin Democratic Politics”; and “Passion & Dispassion:Passions & Emotions in Legal Interpretation.” This timely,interdisciplinary volume examines many of the theoreticaland practical legal, political, and moral issues raised by suchquestions.
Moral and Political Education
What are the proper aims of education in a liberal democracy? Given the deep disagreement about moral and religious values in modern societies, what is the proper balance between public and private claimants to educational authority? Should parents be given greater control over their children's formal education? Are today's public schools promoting a culture of rootless individualism? Do we increasingly resort to prisons and punishment instead of schooling and moral education to control young people? And what, finally, should be the fate of the great project of racially integrated schooling: a project that energized a vast expenditure of hopes and resources in the latter half of the 20th century in America? Should we recommit ourselves to the ideal of integration, or should we embrace other, perhaps better, ways to help the disadvantaged and promote social integration? Should we go further, and affirm that predominantly black educational institutions have intrinsic benefits, such as preserving black culture and providing role models for black youngsters? As education reform takes center stage these questions are at the heart of what it means to be an American and participate in a democratic society. The essayists in this volume bring philosophical, political, and legal reflection to bear on the practical questions of how education should be changed to meet the needs of the twenty-first century. In so doing they display a determination to illuminate the educational choices that lie before all modern democracies. Contributors: Anita L. Allen, Lawrence Blum, Harry Brighouse, Randall Curren, Peter de Marneffe, James G. Dwyer, Christopher Eisgruber, William A. Galston, Amy Gutmann, Michael W. McConnell, Rob Reich, Nancy L. Rosenblum, Yael Tamir, John Tomasi, and Andrew Valls.
Majorities and Minorities
In this thirty-second annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Majorities and Minorities, thirteen distinguished contributors consider a diverse selection of topics. Included are essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Of Interest to political scientists, philosophers, and legal scholars, this collection brings together a variety of viewpoints. Each author is a leading voice within his or her specialized field.
Loyalty
Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one’s moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, Loyalty presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. The volume begins with a philosophical exploration of theories of loyalty, both Eastern and Western, then moves to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer-client relationships. A fair and balanced analysis from a wide range of disciplinary and normative viewpoints, Loyalty infuses new life into an oft-tread avenue of scholarly inquiry. Contributors: Ryan K. Balot, Paul O. Carrese, Yasmin Dawood, Bernard Gert, Kathleen M. Higgins, Sanford Levinson, Daniel Markovits, Lynn Mather, Russell Muirhead, Nancy Sherman, Paul Woodruff
Getting to the Rule of Law
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.