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In this captivating yet troubling book, Ian Shapiro offers a searing indictment of many influential practices in the social sciences and humanities today. Perhaps best known for his critique of rational choice theory, Shapiro expands his purview here. In discipline after discipline, he argues, scholars have fallen prey to inward-looking myopia that results from--and perpetuates--a flight from reality. In the method-driven academic culture we inhabit, argues Shapiro, researchers too often make display and refinement of their techniques the principal scholarly activity. The result is that they lose sight of the objects of their study. Pet theories and methodological blinders lead unwelcome facts to be ignored, sometimes not even perceived. The targets of Shapiro's critique include the law and economics movement, overzealous formal and statistical modeling, various reductive theories of human behavior, misguided conceptual analysis in political theory, and the Cambridge school of intellectual history. As an alternative to all of these, Shapiro makes a compelling case for problem-driven social research, rooted in a realist philosophy of science and an antireductionist view of social explanation. In the lucid--if biting--prose for which Shapiro is renowned, he explains why this requires greater critical attention to how problems are specified than is usually undertaken. He illustrates what is at stake for the study of power, democracy, law, and ideology, as well as in normative debates over rights, justice, freedom, virtue, and community. Shapiro answers many critics of his views along the way, securing his position as one of the distinctive social and political theorists of our time.
Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "e;silence"e; of the peoples whose religions and languages they aim to "e;protect"e; and "e;preserve"e;? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "e;sociolegal positivism"e; is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
This book explores the cultural and political significance of ostracism in democratic Athens. In contrast to previous interpretations, Sara Forsdyke argues that ostracism was primarily a symbolic institution whose meaning for the Athenians was determined both by past experiences of exile and by its role as a context for the ongoing negotiation of democratic values. The first part of the book demonstrates the strong connection between exile and political power in archaic Greece. In Athens and elsewhere, elites seized power by expelling their rivals. Violent intra-elite conflict of this sort was a highly unstable form of "e;politics that was only temporarily checked by various attempts at elite self-regulation. A lasting solution to the problem of exile was found only in the late sixth century during a particularly intense series of violent expulsions. At this time, the Athenian people rose up and seized simultaneously control over decisions of exile and political power. The close connection between political power and the power of expulsion explains why ostracism was a central part of the democratic reforms. Forsdyke shows how ostracism functioned both as a symbol of democratic power and as a key term in the ideological justification of democratic rule. Crucial to the author's interpretation is the recognition that ostracism was both a remarkably mild form of exile and one that was infrequently used. By analyzing the representation of exile in Athenian imperial decrees, in the works of Herodotus, Thucydides, Plato, Aristotle, and in tragedy and oratory, Forsdyke shows how exile served as an important term in the debate about the best form of rule.
Outside Ethics brings together some of the most important and provocative works by one of the most creative philosophers writing today. Seeking to expand the scope of contemporary moral and political philosophy, Raymond Geuss here presents essays bound by a shared skepticism about a particular way of thinking about what is important in human life--a way of thinking that, in his view, is characteristic of contemporary Western societies and isolates three broad categories of things as important: subjective individual preferences, knowledge, and restrictions on actions that affect other people (restrictions often construed as ahistorical laws). He sets these categories in a wider context and explores various human phenomena--including poetry, art, religion, and certain kinds of history and social criticism--that do not fit easily into these categories. As its title suggests, this book seeks a place outside conventional ethics. Following a brief introduction, Geuss sets out his main concerns with a focus on ethics and politics. He then expands these themes by discussing freedom, virtue, the good life, and happiness. Next he examines Theodor Adorno's views on the relation between suffering and knowledge, the nature of religion, and the role of history in giving us critical distances from existing identities. From here he moves to aesthetic concerns. The volume closes by looking at what it is for a human life to have "e;gaps"e;--to be incomplete, radically unsatisfactory, or a failure.
This book describes the theory and applications of discrete orthogonal polynomials--polynomials that are orthogonal on a finite set. Unlike other books, Discrete Orthogonal Polynomials addresses completely general weight functions and presents a new methodology for handling the discrete weights case. J. Baik, T. Kriecherbauer, K. T.-R. McLaughlin & P. D. Miller focus on asymptotic aspects of general, nonclassical discrete orthogonal polynomials and set out applications of current interest. Topics covered include the probability theory of discrete orthogonal polynomial ensembles and the continuum limit of the Toda lattice. The primary concern throughout is the asymptotic behavior of discrete orthogonal polynomials for general, nonclassical measures, in the joint limit where the degree increases as some fraction of the total number of points of collocation. The book formulates the orthogonality conditions defining these polynomials as a kind of Riemann-Hilbert problem and then generalizes the steepest descent method for such a problem to carry out the necessary asymptotic analysis.
Among the many differences between classical and p-adic objects, those related to differential equations occupy a special place. For example, a closed p-adic analytic one-form defined on a simply-connected domain does not necessarily have a primitive in the class of analytic functions. In the early 1980s, Robert Coleman discovered a way to construct primitives of analytic one-forms on certain smooth p-adic analytic curves in a bigger class of functions. Since then, there have been several attempts to generalize his ideas to smooth p-adic analytic spaces of higher dimension, but the spaces considered were invariably associated with algebraic varieties. This book aims to show that every smooth p-adic analytic space is provided with a sheaf of functions that includes all analytic ones and satisfies a uniqueness property. It also contains local primitives of all closed one-forms with coefficients in the sheaf that, in the case considered by Coleman, coincide with those he constructed. In consequence, one constructs a parallel transport of local solutions of a unipotent differential equation and an integral of a closed one-form along a path so that both depend nontrivially on the homotopy class of the path. Both the author's previous results on geometric properties of smooth p-adic analytic spaces and the theory of isocrystals are further developed in this book, which is aimed at graduate students and mathematicians working in the areas of non-Archimedean analytic geometry, number theory, and algebraic geometry.
In 1970, Phillip Griffiths envisioned that points at infinity could be added to the classifying space D of polarized Hodge structures. In this book, Kazuya Kato and Sampei Usui realize this dream by creating a logarithmic Hodge theory. They use the logarithmic structures begun by Fontaine-Illusie to revive nilpotent orbits as a logarithmic Hodge structure. The book focuses on two principal topics. First, Kato and Usui construct the fine moduli space of polarized logarithmic Hodge structures with additional structures. Even for a Hermitian symmetric domain D, the present theory is a refinement of the toroidal compactifications by Mumford et al. For general D, fine moduli spaces may have slits caused by Griffiths transversality at the boundary and be no longer locally compact. Second, Kato and Usui construct eight enlargements of D and describe their relations by a fundamental diagram, where four of these enlargements live in the Hodge theoretic area and the other four live in the algebra-group theoretic area. These two areas are connected by a continuous map given by the SL(2)-orbit theorem of Cattani-Kaplan-Schmid. This diagram is used for the construction in the first topic.
The original goal that ultimately led to this volume was the construction of "e;motivic cohomology theory,"e; whose existence was conjectured by A. Beilinson and S. Lichtenbaum. This is achieved in the book's fourth paper, using results of the other papers whose additional role is to contribute to our understanding of various properties of algebraic cycles. The material presented provides the foundations for the recent proof of the celebrated "e;Milnor Conjecture"e; by Vladimir Voevodsky. The theory of sheaves of relative cycles is developed in the first paper of this volume. The theory of presheaves with transfers and more specifically homotopy invariant presheaves with transfers is the main theme of the second paper. The Friedlander-Lawson moving lemma for families of algebraic cycles appears in the third paper in which a bivariant theory called bivariant cycle cohomology is constructed. The fifth and last paper in the volume gives a proof of the fact that bivariant cycle cohomology groups are canonically isomorphic (in appropriate cases) to Bloch's higher Chow groups, thereby providing a link between the authors' theory and Bloch's original approach to motivic (co-)homology.
This book lays out the theoretical groundwork for personalized search and reputation management, both on the Web and in peer-to-peer and social networks. Representing much of the foundational research in this field, the book develops scalable algorithms that exploit the graphlike properties underlying personalized search and reputation management, and delves into realistic scenarios regarding Web-scale data. Sep Kamvar focuses on eigenvector-based techniques in Web search, introducing a personalized variant of Google's PageRank algorithm, and he outlines algorithms--such as the now-famous quadratic extrapolation technique--that speed up computation, making personalized PageRank feasible. Kamvar suggests that Power Method-related techniques ultimately should be the basis for improving the PageRank algorithm, and he presents algorithms that exploit the convergence behavior of individual components of the PageRank vector. Kamvar then extends the ideas of reputation management and personalized search to distributed networks like peer-to-peer and social networks. He highlights locality and computational considerations related to the structure of the network, and considers such unique issues as malicious peers. He describes the EigenTrust algorithm and applies various PageRank concepts to P2P settings. Discussion chapters summarizing results conclude the book's two main sections. Clear and thorough, this book provides an authoritative look at central innovations in search for all of those interested in the subject.
Fish travel in schools, birds migrate in flocks, honeybees swarm, and ants build trails. How and why do these collective behaviors occur? Exploring how coordinated group patterns emerge from individual interactions, Collective Animal Behavior reveals why animals produce group behaviors and examines their evolution across a range of species. Providing a synthesis of mathematical modeling, theoretical biology, and experimental work, David Sumpter investigates how animals move and arrive together, how they transfer information, how they make decisions and synchronize their activities, and how they build collective structures. Sumpter constructs a unified appreciation of how different group-living species coordinate their behaviors and why natural selection has produced these groups. For the first time, the book combines traditional approaches to behavioral ecology with ideas about self-organization and complex systems from physics and mathematics. Sumpter offers a guide for working with key models in this area along with case studies of their application, and he shows how ideas about animal behavior can be applied to understanding human social behavior. Containing a wealth of accessible examples as well as qualitative and quantitative features, Collective Animal Behavior will interest behavioral ecologists and all scientists studying complex systems.
The Global Carbon Cycle is a short introduction to this essential geochemical driver of the Earth's climate system, written by one of the world's leading climate-science experts. In this one-of-a-kind primer, David Archer engages readers in clear and simple terms about the many ways the global carbon cycle is woven into our climate system. He begins with a concise overview of the subject, and then looks at the carbon cycle on three different time scales, describing how the cycle interacts with climate in very distinct ways in each. On million-year time scales, feedbacks in the carbon cycle stabilize Earth's climate and oxygen concentrations. Archer explains how on hundred-thousand-year glacial/interglacial time scales, the carbon cycle in the ocean amplifies climate change, and how, on the human time scale of decades, the carbon cycle has been dampening climate change by absorbing fossil-fuel carbon dioxide into the oceans and land biosphere. A central question of the book is whether the carbon cycle could once again act to amplify climate change in centuries to come, for example through melting permafrost peatlands and methane hydrates. The Global Carbon Cycle features a glossary of terms, suggestions for further reading, and explanations of equations, as well as a forward-looking discussion of open questions about the global carbon cycle.
It is now some thirty years since Deligne first proved his general equidistribution theorem, thus establishing the fundamental result governing the statistical properties of suitably "e;pure"e; algebro-geometric families of character sums over finite fields (and of their associated L-functions). Roughly speaking, Deligne showed that any such family obeys a "e;generalized Sato-Tate law,"e; and that figuring out which generalized Sato-Tate law applies to a given family amounts essentially to computing a certain complex semisimple (not necessarily connected) algebraic group, the "e;geometric monodromy group"e; attached to that family. Up to now, nearly all techniques for determining geometric monodromy groups have relied, at least in part, on local information. In Moments, Monodromy, and Perversity, Nicholas Katz develops new techniques, which are resolutely global in nature. They are based on two vital ingredients, neither of which existed at the time of Deligne's original work on the subject. The first is the theory of perverse sheaves, pioneered by Goresky and MacPherson in the topological setting and then brilliantly transposed to algebraic geometry by Beilinson, Bernstein, Deligne, and Gabber. The second is Larsen's Alternative, which very nearly characterizes classical groups by their fourth moments. These new techniques, which are of great interest in their own right, are first developed and then used to calculate the geometric monodromy groups attached to some quite specific universal families of (L-functions attached to) character sums over finite fields.
This book places thermodynamics on a system-theoretic foundation so as to harmonize it with classical mechanics. Using the highest standards of exposition and rigor, the authors develop a novel formulation of thermodynamics that can be viewed as a moderate-sized system theory as compared to statistical thermodynamics. This middle-ground theory involves deterministic large-scale dynamical system models that bridge the gap between classical and statistical thermodynamics. The authors' theory is motivated by the fact that a discipline as cardinal as thermodynamics--entrusted with some of the most perplexing secrets of our universe--demands far more than physical mathematics as its underpinning. Even though many great physicists, such as Archimedes, Newton, and Lagrange, have humbled us with their mathematically seamless eurekas over the centuries, this book suggests that a great many physicists and engineers who have developed the theory of thermodynamics seem to have forgotten that mathematics, when used rigorously, is the irrefutable pathway to truth. This book uses system theoretic ideas to bring coherence, clarity, and precision to an extremely important and poorly understood classical area of science.
In one of the most provocative books ever published on America's social welfare system, economist Janet Currie argues that the modern social safety net is under attack. Unlike most books about antipoverty programs, Currie trains her focus not on cash welfare, which accounts for a small and shrinking share of federal expenditures on poor families with children, but on the staples of today's American welfare system: Medicaid, Food Stamps, Head Start, WIC, and public housing. These programs, Currie maintains, form an effective, if largely invisible and haphazard safety net, and yet they are the very programs most vulnerable to political attack and misunderstanding. This book highlights both the importance and the fragility of this safety net, arguing that, while not perfect, it is essential to fighting poverty. Currie demonstrates how America's safety net is threatened by growing budget deficits and by an erroneous public belief that antipoverty programs for children do not work and are riddled with fraud. By unearthing new empirical data, Currie makes the case that social programs for families with children are actually remarkably effective. She takes her argument one step further by offering specific reforms--detailed in each chapter--for improving these programs even more. The book concludes with an overview of an integrated safety net that would fight poverty more effectively and prevent children from slipping through holes in the net. (For example, Currie recommends the implementation of a benefit "e;debit card"e; that would provide benefits with less administrative burden on the recipient.) A complement to books such as Barbara Ehrenreich's bestselling Nickel and Dimed, which document the personal struggles of the working poor, The Invisible Safety Net provides a big-picture look at the kind of programs and solutions that would help ease those struggles. Comprehensive and authoritative, it will prompt a major reexamination of the current thinking on improving the lives of needy Americans.
Americans agree about government arts funding in the way the women in the old joke agree about the food at the wedding: it's terrible--and such small portions! Americans typically either want to abolish the National Endowment for the Arts, or they believe that public arts funding should be dramatically increased because the arts cannot survive in the free market. It would take a lover of the arts who is also a libertarian economist to bridge such a gap. Enter Tyler Cowen. In this book he argues why the U.S. way of funding the arts, while largely indirect, results not in the terrible and the small but in Good and Plenty--and how it could result in even more and better. Few would deny that America produces and consumes art of a quantity and quality comparable to that of any country. But is this despite or because of America's meager direct funding of the arts relative to European countries? Overturning the conventional wisdom of this question, Cowen argues that American art thrives through an ingenious combination of small direct subsidies and immense indirect subsidies such as copyright law and tax policies that encourage nonprofits and charitable giving. This decentralized and even somewhat accidental--but decidedly not laissez-faire--system results in arts that are arguably more creative, diverse, abundant, and politically unencumbered than that of Europe. Bringing serious attention to the neglected issue of the American way of funding the arts, Good and Plenty is essential reading for anyone concerned about the arts or their funding.
America was built on stories: tales of grateful immigrants arriving at Ellis Island, Horatio Alger-style transformations, self-made men, and the Protestant work ethic. In this new book, renowned sociologist Robert Wuthnow examines these most American of stories--narratives about individualism, immigration, success, religion, and ethnicity--through the eyes of recent immigrants. In doing so, he demonstrates how the "e;American mythos"e; has both legitimized American society and prevented it from fully realizing its ideals. This magisterial work is a reflection and meditation on the national consciousness. It details how Americans have traditionally relied on narratives to address what it means to be strong, morally responsible individuals and to explain why some people are more successful than others--in short, to help us make sense of our lives. But it argues that these narratives have done little to help us confront new challenges. We pass laws to end racial discrimination, yet lack the resolve to create a more equitable society. We welcome the idea of pluralism in religion and values, yet we are shaken by the difficulties immigration presents. We champion prosperity for all, but live in a country where families are still homeless. American Mythos aptly documents this disconnect between the stories we tell and the reality we face. Examining how cultural narratives may not, and often do not, reflect the reality of today's society, it challenges readers to become more reflective about what it means to live up to the American ideal.
Rife with incest, adultery, rape, and murder, the biblical story of Jacob and his children must have troubled ancient readers. By any standard, this was a family with problems. Jacob's oldest son Reuben is said to have slept with his father's concubine Bilhah. The next two sons, Simeon and Levi, tricked the men of a nearby city into undergoing circumcision, and then murdered all of them as revenge for the rape of their sister. Judah, the fourth son, had sexual relations with his own daughter-in-law. Meanwhile, jealous of their younger sibling Joseph, the brothers conspired to kill him; they later relented and merely sold him into slavery. These stories presented a particular challenge for ancient biblical interpreters. After all, Jacob's sons were the founders of the nation of Israel and ought to have been models of virtue. In The Ladder of Jacob, renowned biblical scholar James Kugel retraces the steps of ancient biblical interpreters as they struggled with such problems. Kugel reveals how they often fixed on a little detail in the Bible's wording to "e;deduce"e; something not openly stated in the narrative. They concluded that Simeon and Levi were justified in killing all the men in a town to avenge the rape of their sister, and that Judah, who slept with his daughter-in-law, was the unfortunate victim of alcoholism. These are among the earliest examples of ancient biblical interpretation (midrash). They are found in retellings of biblical stories that appeared in the closing centuries BCE--in the Book of Jubilees, the Aramaic Levi Document, the Testaments of the Twelve Patriarchs, and other noncanonical works. Through careful analysis of these retellings, Kugel is able to reconstruct how ancient interpreters worked. The Ladder of Jacob is an artful, compelling account of the very beginnings of biblical interpretation.
Want to be cunning? You might wish you were more clever, more flexible, able to cut a few corners without getting caught, to dive now and again into iniquity and surface clutching a prize. You might want to roll your eyes at those slaves of duty who play by the rules. Or you might think there's something sleazy about that stance, even if it does seem to pay off. Does that make you a chump? With pointedly mischievous prose, Don Herzog explores what's alluring and what's revolting in cunning. He draws on a colorful range of sources: tales of Odysseus; texts from Machiavelli; pamphlets from early modern England; salesmen's newsletters; Christian apologetics; plays; sermons; philosophical treatises; detective novels; famous, infamous, and obscure historical cases; and more. The book is in three parts, bookended by two murderous churchmen. "e;Dilemmas"e; explores some canonical moments of cunning and introduces the distinction between knaves and fools as a "e;time-honored but radically deficient scheme."e; "e;Appearances"e; assails conventional approaches to unmasking. Surveying ignorance and self-deception, "e;Despair?"e; deepens the case that we ought to be cunning--and then sees what we might say in response. Throughout this beguiling book, Herzog refines our sense of what's troubling in this terrain. He shows that rationality, social roles, and morality are tangled together--and trickier than we thought.
During the Allied bombing of Germany, Hitler was more distressed by the loss of cultural treasures than by the leveling of homes. Remarkably, his propagandists broadcast this fact, convinced that it would reveal not his callousness but his sensitivity: the destruction had failed to crush his artist's spirit. It is impossible to begin to make sense of this thinking without understanding what Wolf Lepenies calls The Seduction of Culture in German History. This fascinating and unusual book tells the story of an arguably catastrophic German habit--that of valuing cultural achievement above all else and envisioning it as a noble substitute for politics. Lepenies examines how this tendency has affected German history from the late eighteenth century to today. He argues that the German preference for art over politics is essential to understanding the peculiar nature of Nazism, including its aesthetic appeal to many Germans (and others) and the fact that Hitler and many in his circle were failed artists and intellectuals who seem to have practiced their politics as a substitute form of art. In a series of historical, intellectual, literary, and artistic vignettes told in an essayistic style full of compelling aphorisms, this wide-ranging book pays special attention to Goethe and Thomas Mann, and also contains brilliant discussions of such diverse figures as Novalis, Walt Whitman, Leo Strauss, and Allan Bloom. The Seduction of Culture in German History is concerned not only with Germany, but with how the German obsession with culture, sense of cultural superiority, and scorn of politics have affected its relations with other countries, France and the United States in particular.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "e;internal morality"e; of democracy. Barak's vigorous support of "e;purposive interpretation"e; (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "e;originalism"e; advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
In this book, Ernest Sosa explains the nature of knowledge through an approach originated by him years ago, known as virtue epistemology. Here he provides the first comprehensive account of his views on epistemic normativity as a form of performance normativity on two levels. On a first level is found the normativity of the apt performance, whose success manifests the performer's competence. On a higher level is found the normativity of the meta-apt performance, which manifests not necessarily first-order skill or competence but rather the reflective good judgment required for proper risk assessment. Sosa develops this bi-level account in multiple ways, by applying it to issues much disputed in recent epistemology: epistemic agency, how knowledge is normatively related to action, the knowledge norm of assertion, and the Meno problem as to how knowledge exceeds merely true belief. A full chapter is devoted to how experience should be understood if it is to figure in the epistemic competence that must be manifest in the truth of any belief apt enough to constitute knowledge. Another takes up the epistemology of testimony from the performance-theoretic perspective. Two other chapters are dedicated to comparisons with ostensibly rival views, such as classical internalist foundationalism, a knowledge-first view, and attributor contextualism. The book concludes with a defense of the epistemic circularity inherent in meta-aptness and thereby in the full aptness of knowing full well.
Freud began university intending to study both medicine and philosophy. But he was ambivalent about philosophy, regarding it as metaphysical, too limited to the conscious mind, and ignorant of empirical knowledge. Yet his private correspondence and his writings on culture and history reveal that he never forsook his original philosophical ambitions. Indeed, while Freud remained firmly committed to positivist ideals, his thought was permeated with other aspects of German philosophy. Placed in dialogue with his intellectual contemporaries, Freud appears as a reluctant philosopher who failed to recognize his own metaphysical commitments, thereby crippling the defense of his theory and misrepresenting his true achievement. Recasting Freud as an inspired humanist and reconceiving psychoanalysis as a form of moral inquiry, Alfred Tauber argues that Freudianism still offers a rich approach to self-inquiry, one that reaffirms the enduring task of philosophy and many of the abiding ethical values of Western civilization.
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Examining the social and political upheavals that characterized the collapse of public judgment in early modern Europe, Liberating Judgment offers a unique account of the achievement of liberal democracy and self-government. The book argues that the work of John Locke instills a civic judgment that avoids the excesses of corrosive skepticism and dogmatic fanaticism, which lead to either political acquiescence or irresolvable conflict. Locke changes the way political power is assessed by replacing deteriorating vocabularies of legitimacy with a new language of justification informed by a conception of probability. For Locke, the coherence and viability of liberal self-government rests not on unassailable principles or institutions, but on the capacity of citizens to embrace probable judgment. The book explores the breakdown of the medieval understanding of knowledge and opinion, and considers how Montaigne's skepticism and Descartes' rationalism--interconnected responses to the crisis--involved a pragmatic submission to absolute rule. Locke endorses this response early on, but moves away from it when he encounters a notion of reasonableness based on probable judgment. In his mature writings, Locke instructs his readers to govern their faculties and intellectual yearnings in accordance with this new standard as well as a vocabulary of justification that might cultivate a self-government of free and equal individuals. The success of Locke's arguments depends upon citizens' willingness to take up the labor of judgment in situations where absolute certainty cannot be achieved.
To what extent should government be permitted to intervene in personal choices? In grappling with this question, liberal theory seeks to balance individual liberty with the advancement of collective goals such as equality. Too often, however, society's obligation to provide meaningful opportunities is overshadowed by its commitment to personal freedom. Tough Choices charts a middle course between freedom-oriented anti-interventionism and equality-oriented social welfare, presenting a way to structure choices that equalize opportunities while protecting the freedom of individuals to choose among them. Drawing on insights from behavioral economics, psychology, and educational theory, Sigal Ben-Porath makes the case for structured paternalism, which is based on the understanding that state intervention is often inevitable, and that therefore theorists and policymakers must focus on the extent to which it can productively be applied, as well as on the forms it should take in different social domains. Ben-Porath explores how structured paternalism can play a role in providing equal opportunities for individual choice in an array of personal and social contexts, including the intimate lives of adults, parent-child relationships, school choice, and intercultural relations. Tough Choices demonstrates how structured paternalism can inform more egalitarian social policies, ones that acknowledge personal, social, and cultural differences as well as the challenges all individuals may face when they make a choice.
Democratic Governance examines the changing nature of the modern state and reveals the dangers these changes pose to democracy. Mark Bevir shows how new ideas about governance have gradually displaced old-style notions of government in Britain and around the world. Policymakers cling to outdated concepts of representative government while at the same time placing ever more faith in expertise, markets, and networks. Democracy exhibits blurred lines of accountability and declining legitimacy. Bevir explores how new theories of governance undermined traditional government in the twentieth century. Politicians responded by erecting great bureaucracies, increasingly relying on policy expertise and abstract notions of citizenship and, more recently, on networks of quasi-governmental and private organizations to deliver services using market-oriented techniques. Today, the state is an unwieldy edifice of nineteenth-century government buttressed by a sprawling substructure devoted to the very different idea of governance--and democracy has suffered. In Democratic Governance, Bevir takes a comprehensive look at governance and the history and thinking behind it. He provides in-depth case studies of constitutional reform, judicial reform, joined-up government, and police reform. He argues that the best hope for democratic renewal lies in more interpretive styles of expertise, dialogic forms of policymaking, and more diverse avenues for public participation.
In this book, Duncan Kelly excavates, from the history of modern political thought, a largely forgotten claim about liberty as a form of propriety. By rethinking the intellectual and historical foundations of modern accounts of freedom, he brings into focus how this major vision of liberty developed between the seventeenth and the nineteenth centuries. In his framework, celebrated political writers, including John Locke, Montesquieu, Adam Smith, John Stuart Mill, and Thomas Hill Green pursue the claim that freedom is best understood as a form of responsible agency or propriety, and they do so by reconciling key moral and philosophical claims with classical and contemporary political theory. Their approach broadly assumes that only those persons who appropriately regulate their conduct can be thought of as free and responsible. At the same time, however, they recognize that such internal forms of self-propriety must be judged within the wider context of social and political life. Kelly shows how the intellectual and practical demands of such a synthesis require these great writers to consider freedom as part of a broader set of arguments about the nature of personhood, the potentially irrational impact of the passions, and the obstinate problems of individual and political judgement. By exploring these relationships, The Propriety of Liberty not only revises the intellectual history of modern political thought, but also sheds light on contemporary debates about freedom and agency.
More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, but The Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward racial equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy.
In this book Ian Shapiro develops and extends arguments that have established him as one of today's leading democratic theorists. Shapiro is hardheaded about the realities of politics and power, and the difficulties of fighting injustice and oppression. Yet he makes a compelling case that democracy's legitimacy depends on pressing it into the service of resisting domination, and that democratic theorists must rise to the occasion of fashioning the necessary tools. That vital agenda motivates the arguments of this book. Tracing modern democracy's roots to John Locke and the American founders, Shapiro shows that they saw more deeply into the dynamics of democratic politics than have many of their successors. Drawing on Lockean and Madisonian insights, Shapiro evaluates democracy's changing global fortunes over the past two decades. He also shows how elusive democracy can be by exploring the contrast between its successful establishment in South Africa and its failures elsewhere--particularly the Middle East. Shapiro spells out the implications of his account for long-standing debates about public opinion, judicial review, abortion, and inherited wealth--as well as more recent preoccupations with globalization, national security, and international terrorism. Scholars, students, and democratic activists will all learn from Shapiro's trenchant account of democracy's foundations, its history, and its contemporary challenges. They will also find his distinctive democratic vision both illuminating and appealing.
Was there ever really a black-Jewish alliance in twentieth-century America? And if there was, what happened to it? In Troubling the Waters, Cheryl Greenberg answers these questions more definitively than they have ever been answered before, drawing the richest portrait yet of what was less an alliance than a tumultuous political engagement--but one that energized the civil rights revolution, shaped the agenda of liberalism, and affected the course of American politics as a whole. Drawing on extensive new research in the archives of organizations such as the NAACP and the Anti-Defamation League, Greenberg shows that a special black-Jewish political relationship did indeed exist, especially from the 1940s to the mid-1960s--its so-called "e;golden era"e;--and that this engagement galvanized and broadened the civil rights movement. But even during this heyday, she demonstrates, the black-Jewish relationship was anything but inevitable or untroubled. Rather, cooperation and conflict coexisted throughout, with tensions caused by economic clashes, ideological disagreements, Jewish racism, and black anti-Semitism, as well as differences in class and the intensity of discrimination faced by each group. These tensions make the rise of the relationship all the more surprising--and its decline easier to understand. Tracing the growth, peak, and deterioration of black-Jewish engagement over the course of the twentieth century, Greenberg shows that the history of this relationship is very much the history of American liberalism--neither as golden in its best years nor as absolute in its collapse as commonly thought.
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