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This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.
In the century between the "Emancipation Proclamation" of Abraham Lincoln and the "I Have a Dream" speech of Martin Luther King Jr., America sought both to rebuff and to redeem the promise of "liberty and justice for all." The story of slavery and the bloody civil war that abolished it has been told, but the story of the struggle for liberty and justice by and for African Americans in the half-century following the end of Reconstruction has been largely overlooked. In this highly readable narrative, distinguished historian Ronald C. White Jr. portrays the people, their ideas, and their ongoing struggle for racial reform in the United States from 1877-1925--a vital prelude to the modern civil rights movement and Martin Luther King, Jr.
A history of social change at a critical period in American history, from the end of the Civil War to the early days of the Depression.
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.
How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpretation, arguing that by appreciating the distinction between the general capability approach and more specific capability theories or applications we can create a powerful and flexible tool for use in a variety of academic disciplines and fields of policymaking. This book provides an original and comprehensive account that will appeal to scholars of the capability approach, new readers looking for an interdisciplinary introduction, and those interested in theories of justice, human rights, basic needs, and the human development approach.
The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history—and on the judges who settle disputed over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.
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.
"In this provocative new book from prophetic preacher and pastor Susan Williams Smith, the author tackles the truths that the church in the United States has long held to be self-evident-that ours is one nation under God, that our U.S. Constitution is (almost) as infallible as the Holy Bible, and that democracy and its principles of justice for all are sacrosanct and protected by both God and government. Yet, history and headlines alike expose the fallacy of those assumptions, particularly when viewed in the light of a national culture of white supremacy and systemic racial injustice. In fact, Smith argues, the two texts we count as sacred have not been merely impotent in eliminating racism; they have been used to support and sustain white supremacy. This important work examines how our foundational documents have failed people of color and asks the question, Can those whom a nation has considered "we the problem" ever become "we the people" who are celebrated in the Preamble to the Constitution? What will it take to reclaim the transforming and affirming power of God and government to secure liberty and justice for all?"--
The author shares her own story as a reminder of the discriminatory practices that threatened women before Roe v. Wade, and identifies how proposed legislation restricting abortions compromises reproductive freedoms.