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Benjamin Constant (1767-1830) was born in Switzerland and became one of France's leading writers, as well as a journalist, philosopher, and politician. His colourful life included a formative stay at the University of Edinburgh; service at the court of Brunswick, Germany; election to the French Tribunate; and initial opposition and subsequent support for Napoleon, even the drafting of a constitution for the Hundred Days. Constant wrote many books, essays, and pamphlets. His deepest conviction was that reform is hugely superior to revolution, both morally and politically. While Constant's fluid, dynamic style and lofty eloquence do not always make for easy reading, his text forms a coherent whole, and in his translation Dennis O'Keeffe has focused on retaining the 'general elegance and subtle rhetoric' of the original. Sir Isaiah Berlin called Constant 'the most eloquent of all defenders of freedom and privacy' and believed to him we owe the notion of 'negative liberty', that is, what Biancamaria Fontana describes as "the protection of individual experience and choices from external interferences and constraints." To Constant it was relatively unimportant whether liberty was ultimately grounded in religion or metaphysics -- what mattered were the practical guarantees of practical freedom -- "autonomy in all those aspects of life that could cause no harm to others or to society as a whole." This translation is based on Etienne Hofmann's critical edition of Principes de politique (1980), complete with Constant's additions to the original work.
The author explains that history and context determine a principle's content and power and that "intellectual and religious liberty ... are artifacts of the very partisan politics they supposedly transcend."--Jacket.
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
In his treatise, The Constitution of Liberty (1960), F. A. Hayek emphasized the central role of the generality principle, as embodied in the rule of law, for the maintenance of a free society. This book extends Hayek's argument by applying the generality principle to politics. Several important policy implications emerge. There are no direct implications to suggest how much governments should do. The argument suggests strongly however, that, whatever is done politically, must be done generally rather than discriminatorily.
The thesis of this original and provocative book is that representative government should be understood as a combination of democratic and undemocratic, aristocratic elements. Professor Manin challenges the conventional view that representative democracy is no more than an indirect form of government by the people, in which citizens elect representatives only because they cannot assemble and govern in person. The argument is developed by examining the historical moments when the present institutional arrangements were chosen from among the then available alternatives. Professor Manin reminds us that while today representative institutions and democracy appear as virtually indistinguishable, when representative government was first established in Europe and America, it was designed in opposition to democracy proper. Drawing on the procedures used in earlier republican systems, from classical Athens to Renaissance Florence, in order to highlight the alternatives that were forsaken, Manin brings to the fore the generally overlooked results of representative mechanisms. These include the elitist aspect of elections and the non-binding character of campaign promises.
In a groundbreaking new book, Kotlowski offers a surprising study of an administration that redirected the course of civil rights in America. Kotlowski examines such issues as school desegregation, fair housing, voting rights, affirmative action, and minority businesses as well as Native American and women's rights. He details Nixon's role, revealing a president who favored deeds over rhetoric and who constantly weighed political expediency and principles in crafting civil rights policy.
In The Principle of Fairness and Political Obligation, George Klosko presents the first book-length treatment of political obligation grounded in the premises of liberal political theory. In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
Discussions of the place of moral principle in political practice are haunted by the abstract and misleading distinction between realism and its various principled or "idealist" alternatives. This volume argues that such discussions must be recast in terms of the relationship between principle and prudence: as Nathan Tarcov maintains, that relationship is "not dichotomous but complementary." In a substantive introduction, the editors investigate Leo Strauss's attack on contemporary political thought for its failure to account for both principle and prudence in politics. Leading commentators then reflect on principle and prudence in the writings of great thinkers such as Homer, Machiavelli, and Hegel, and in the thoughts and actions of great statesmen such as Pericles, Jefferson, and Lincoln. In a concluding section, contributors reassess Strauss's own approach to principle and prudence in the history of political philosophy.
Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.