Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

"Is there any such thing as political philosophy?" So begins this provocative book by one of the foremost figures in Continental thought. Here, Jacques Ranciere brings a new and highly useful set of terms to the vexed debate about political effectiveness in the face of a new world order. What precisely is at stake in the relationship between "philosophy" and the adjective "political"? In Disagreement, Ranciere explores the apparent contradiction between these terms and reveals the uneasy meaning of their union (...) in the phrase "political philosophy" -- a juncture related to age-old attempts in philosophy to answer Plato's devaluing of politics as a "democratic egalitarian" process. According to Ranciere, the phrase also expresses the paradox of politics itself: the absence of a proper foundation. Politics, he argues, begins when the "demos" (the "excessive" or unrepresented part of society) seeks to disrupt the order of domination and distribution of goods "naturalized" by police and legal institutions. In addition, the notion of "equality" operates as a game of contestation that constantly substitutes litigation for political action and community. This game, Ranciere maintains, operates by a primary logic of "misunderstanding". In turn, political philosophy has always tried to substitute the "politics of truth" for the politics of appearances. Disagreement investigates the various transformations of this regime of "truth" and their effects on practical politics. Ranciere then distinguishes what we mean by "democracy" from the practices of a consensual system in order to unravel the ramifications of the fashionable phrase "the end of politics". His conclusions will be of interest toreaders concerned with political questions from the broadest to the most specific and local. (shrink)

This book, which inaugurates the Princeton Monographs in Philosophy series, starts from Plato's analogy in the Republic between conflict in the soul and conflict in the city. Plato's solution required reason to impose agreement and harmony on the warring passions, and this search for harmony and agreement constitutes the main tradition in political philosophy up to and including contemporary liberal theory. Hampshire undermines this tradition by developing a distinction between justice in procedures, which demands that both sides in a conflict (...) should be heard, and justice in matters of substance, which will always be disputed. Rationality in private thinking consists in adversary reasoning, and so it does in public affairs. Moral conflict is eternal, and institutionalized argument is its only universally acceptable restraint and the only alternative to tyranny.In the chapter "Against Monotheism," Hampshire argues that monotheistic beliefs are only with difficulty made compatible with pluralism in ethics. In "Conflict and Conflict Resolution," he argues that socialism, seen as the proposal of extended political solutions for natural human ills, is still a relevant, yet strongly contested, ideal. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

This thought provoking volume will be of interest to students and researchers working in the areas of legal and political theory and philosophy.

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

The din and deadlock of public life in America--where insults are traded, slogans proclaimed, and self-serving deals made and unmade--reveal the deep disagreement that pervades our democracy. The disagreement is not only political but also moral, as citizens and their representatives increasingly take extreme and intransigent positions. A better kind of public discussion is needed, and Amy Gutmann and Dennis Thompson provide an eloquent argument for "deliberative democracy" today. They develop a principled framework for opponents to come together on moral (...) and political issues.Gutmann and Thompson show how a deliberative democracy can address some of our most difficult controversies--from abortion and affirmative action to health care and welfare--and can allow diverse groups separated by class, race, religion, and gender to reason together. Their work goes beyond that of most political theorists and social scientists by exploring both the principles for reasonable argument and their application to actual cases. Not only do the authors suggest how deliberative democracy can work, they also show why improving our collective capacity for moral argument is better than referring all disagreements to procedural politics or judicial institutions. Democracy and Disagreement presents a compelling approach to how we might resolve some of our most trying moral disagreements and live with those that will inevitably persist, on terms that all of us can respect. (shrink)

The ethics of dissent is developed in this book through a new interpretation of the German philosopher Jrgen Habermas' communicative ethics and his political ...

This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements (...) are genuine and at times faultless. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Politics in America are polarized and trivialized, perhaps as never before. In Congress, the media, and academic debate, opponents from right and left, the Red and the Blue, struggle against one another as if politics were contact sports played to the shouts of cheerleaders. The result, Ronald Dworkin writes, is a deeply depressing political culture, as ill equipped for the perennial challenge of achieving social justice as for the emerging threats of terrorism. Can the hope for change be realized? Dworkin, (...) one the world's leading legal and political philosophers, identifies and defends core principles of personal and political morality that all citizens can share. He shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect. Only then can the full promise of democracy be realized in America and elsewhere. Dworkin lays out two core principles that citizens should share: first, that each human life is intrinsically and equally valuable and, second, that each person has an inalienable personal responsibility for identifying and realizing value in his or her own life. He then shows what fidelity to these principles would mean for human rights, the place of religion in public life, economic justice, and the character and value of democracy. Dworkin argues that liberal conclusions flow most naturally from these principles. Properly understood, they collide with the ambitions of religious conservatives, contemporary American tax and social policy, and much of the War on Terror. But his more basic aim is to convince Americans of all political stripes--as well as citizens of other nations with similar cultures--that they can and must defend their own convictions through their own interpretations of these shared values. (shrink)

This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements (...) are genuine and at times faultless. (shrink)

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.