This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded or despised. At (...) the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant. (shrink)

A renowned economist's classic book on capitalism in the developing world, showing how property rights are the key to overcoming poverty "The hour of capitalism's greatest triumph," writes Hernando de Soto, "is, in the eyes of four-fifths of humanity, its hour of crisis." In The Mystery of Capital, the world-famous Peruvian economist takes up one of the most pressing questions the world faces today: Why do some countries succeed at capitalism while others fail? In strong opposition to the popular view (...) that success is determined by cultural differences, de Soto finds that it actually has everything to do with the legal structure of property and property rights. Every developed nation in the world at one time went through the transformation from predominantly extralegal property arrangements, such as squatting on large estates, to a formal, unified legal property system. In the West we've forgotten that creating this system is what allowed people everywhere to leverage property into wealth. This persuasive book revolutionized our understanding of capital and points the way to a major transformation of the world economy. (shrink)

The book's two essays, 'Limited Inc.' and 'Signature Event Context, ' constitute key statements of the Derridean theory of deconstruction. They are perhaps the clearest exposition to be found of Derrida's most controversial idea.

This chapter contains sections titled: Introduction Cross‐Cultural Perspectives on Human Rights Democratic Participation in the Cultural Context Development as a Process of Self‐Enhancement from Within Conclusion.

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...

Combining principles of individual rational choice with a sociological conception of collective action, James Coleman recasts social theory in a bold new way. The result is a landmark in sociological theory, capable of describing both stability and change in social systems. This book provides for the first time a sound theoretical foundation for linking the behavior of individuals to organizational behavior and then to society as a whole. The power of the theory is especially apparent when Coleman analyzes corporate actors, (...) such as large corporations and trade unions. He examines the creation of these institutions, collective decision making, and the processes through which authority is revoked in revolts and revolutions. Coleman discusses the problems of holding institutions responsible for their actions as well as their incompatibility with the family. He also provides a simple mathematical analysis corresponding to and carrying further the verbal formulations of the theory. Finally, he generates research techniques that will permit quantitative testing of the theory. From a simple, unified conceptual structure Coleman derives, through elegant chains of reasoning, an encompassing theory of society. It promises to be the most important contribution to social theory since the publication of Talcott Parsons' Structure of Social Action in 1936. (shrink)

Aristotle and the Rediscovery of Citizenship confronts a question that is central to Aristotle's political philosophy as well as to contemporary political theory: what is a citizen? Answers prove to be elusive, in part because late twentieth-century critiques of the Enlightenment called into doubt fundamental tenets that once guided us. Engaging the two major works of Aristotle's political philosophy, his Nicomachean Ethics and his Politics, Susan D. Collins poses questions that current discussions of liberal citizenship do not adequately address. Drawing (...) a path from contemporary disputes to Aristotle, she examines in detail his complex presentations of moral virtue, civic education, and law; his view of the aims and limits of the political community; and his treatment of the connection between citizenship and the human good. Collins thereby shows how Aristotle continues to be an indispensable source of enlightenment, as he has been for political and religious traditions of the past. (shrink)

Ever since feminist theory introduced the distinction between sex and gender, the question of what it means to be a woman has preoccupied feminist thought. In ____Gender__ ____Trouble ____ Judith Butler questions whether it is possible to "be" a woman at all or, for that matter, any gender.

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She offers (...) a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

Social constructionism emerged in social psychology in the 1970s and 1980s, taking up many of the issues raised as part of the earlier “crisis” in social psychology and becoming a critical voice challenging the agenda of mainstream psychology. In particular, it challenged psychology’s individualistic, essentialist, and intrapsychic model of the person, replacing it with a radically social account of personhood in which language is key. Viewed through the constructionist lens, the person ceases to be a unified ensemble of stable psychological (...) structures and traits and becomes a fluid, fractured, and changeable assemblage, distributed across and produced through social interactions and relationships. Social constructionism’s critical focus has meant that its research agenda is also radically different from that of mainstream psychology and social psychology. Social constructionist research rejects the mainstream psychological experimental paradigm and turned attention to the constructive force of language and discourse, opening up new lines of research and developments in a number of methods referred to as discourse analysis. (shrink)

The present volume consists of diverse individual texts, produced between 1980 and 1986, which take two forms: interviews in which Bourdieu confronts a series of probing and intelligent interviewers, and conference papers that clarify and extend specific areas of his research. Now that Bourdieu's work has achieved wide diffusion and celebrity, this is an appropriate time for this volume, a pause for retrospection and resynthesis, for corrections of misreadings and extension of previous insights, and for projection of the next stages (...) of his work. For this English edition, Bourdieu's celebrated inaugural lecture at the Collège de France, Leçon sur la Leçon, has been added. The texts fall into two fundamental areas. The first area provides an overview of Bourdieu's central concepts, never before clearly explained. The second area clarifies the philosophical presuppositions of Bourdieu's studies and gives an account of his relations with the series of thinkers who formulated the problems in social and cultural theory that still preoccupy us: Kant, Hegel, Marx, Durkheim, Wittgenstein, Weber, Parsons, and Lévi-Strauss. Bourdieu's visions of these figures is personal and penetrating, and in his vivacious, spontaneous responses one sees at work a mode of thought that can in itself be a liberating tool of social analysis. Bourdieu applies to himself the method of analyzing cultural works that he expounds, evoking the space of theoretical possibilities presented to him at different moments of his intellectual itinerary. (shrink)

This chapter contains sections titled: Ethics and Morality in Africa Some Ethical Concepts in Yoruba Philosophy Concluding Remarks.

This book reformulates the sociological subdiscipline known as the sociology of knowledge. Knowledge is presented as more than ideology, including as well false consciousness, propaganda, science and art.

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

It is sometimes argued that tort law is, or ought to be understood as, a system of personal responsibility and corrective justice. Moreover, it is often assumed that these notions are identical, or at least compatible. In fact, however, personal responsibility and corrective justice are very different concepts and they produce very different pictures of the law. The article demonstrates this by comparing the way in which personal responsibility and corrective justice deal with three important problems: the presence of non-subjective (...) standards in the law, the place of liability insurance, and the relationship between law and politics. (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

A political and philosophical manifesto considers the ramifications of a world in which Western society is divided from other cultures, evaluating the limited capacity of differentiating societies as compared to the power of a united world.

He proposes, in his characteristically allusive and intriguing way, a politics of gestureOCoa politics of means without end.Among the topics Agamben takes up are the properly political paradigms of experience, as well as those generally not ...

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

In this pathbreaking study, Axel Honneth argues that "the struggle for recognition" is, and should be, at the center of social conflicts.

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing (...) the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas. (shrink)

The establishment of South Africa's Truth and Reconciliation Commission was a pioneering international event. Never had any country sought to move forward from despotism to democracy both by exposing the atrocities committed in the past and achieving reconciliation with its former oppressors. At the center of this unprecedented attempt at healing a nation has been Archbishop Desmond Tutu, whom President Nelson Mandela named as Chairman of the Truth and Reconciliation Commission. With the final report of the Commission just published, Archbishop (...) Tutu offers his reflections on the profound wisdom he has gained by helping usher South Africa through this painful experience. In No Future Without Forgiveness, Tutu argues that true reconciliation cannot be achieved by denying the past. But nor is it easy to reconcile when a nation "looks the beast in the eye." Rather than repeat platitudes about forgiveness, he presents a bold spirituality that recognizes the horrors people can inflict upon one another, and yet retains a sense of idealism about reconciliation. With a clarity of pitch born out of decades of experience, Tutu shows readers how to move forward with honesty and compassion to build a newer and more humane world. (shrink)

The question whether or not there is African philosophy has, for too long, dominated the philosophical scene in Africa, to the neglect of substantive issues generated by the very fact of human existence. This has unfortunately led to an impasse in the development of a distinctive African philosophical tradition. In this path-breaking book, Segun Gbadegesin offers a new and promising approach which recognizes the traditional and contemporary facets of African philosophy by exploring the issues they raise. In Part I, the (...) author examines, with refreshing insights, the philosophical concepts of the person, individuality, community and morality, religiosity and causality, focusing on the Yoruba of Nigeria. Part II discusses, in an original way, contemporary African social, political and economic realities from a philosophical perspective. (shrink)

Introduction -- Existe-t-il une philosophie africaine? -- La philosophie africaine dans le sillage de la négritude -- Pour une nouvelle orientation philosophique en Afrique -- Le concept européen de philosophie et nous -- Conclusion.

Explores the history, significance, and future of tradition as a whole. This book reveals the importance of tradition to social and political institutions, technology, science, literature, religion, and scholarship.

This title was first published in 2001. An important critical study of the theories of dependency both past and present. Since the theories of dependency are based on the Marxian notion of exploitation and backwardness, the book starts with the elaboration of the Marxian theory of development and underdevelopment. The book analyses various concepts and precepts of dependency as well as critically discussing the individual theories of Baran, Frank, Amin, Emmanuel, Prebisch and Singer. The contributions of more recent writers including (...) Furtado, Kay, Wallerstein and Marini are also considered. The main focus of the book lies in the thorough analysis of all the important traditional as well as modern theories of dependency. The main message of the present book is that the phenomenology of dependency is still relevant as a methodology of study of development and underdevelopment. The book incorporates some pressing contemporary issues to give fresh flavour to the old dependency debate. A special feature of the book lies in the critical appraisal for each of the theories studied. The book is designed to serve as a valuable compendium for students of economic development and political economy and for those interested in the study of the economic backwardness of the Third World countries. (shrink)

In spite of decolonisation, the philosophical character of European standpoint on colonisation together with its corresponding practices remains unchanged in its relations with the erstwhile colonies. It is precisely this condition which calls for the need for the authentic liberation of Africa. This speaks of a two-fold exigency. One is that the colonised people's conceptions of reality, knowledge and truth should be released from slavery and dominance under the European epistemological paradigm. Without this essential first step there cannot evolve a (...) common authentic and liberating universe of discourse. The second exigency is that the evolving common universe of discourse must take into account the rational demands of justice to the colonised arising from the unjust wars of conquest that resulted in colonial disseizing of territory as well as the enslavement of the colonised. These rational demands of justice are specifically the restoration of territory to its indigenous rightful owners and reparations to them. This two fold exigency is the indisplensable neccessity for the authentic liberation of Africa, and indeed, all the colonised people of the world. (shrink)

This is an introductory book on African legal philosophy. The book claims that African legal philosophy exists and is intelligible in the context of African culture, just as every other legal philosophy has its cultural foundation. What law is, how it is thought, how it is interpreted, and how it is applied takes place with thing the parameters of African culture. At a time when the imposition of Western culture on Africans has to be reckoned with, African legal philosophy is, (...) in part, a response to this imposition. It ought to have a liberating effect. (shrink)

In this article, I demonstrate that the term ‘ubuntu’ has frequently appeared in writing since at least 1846. I also analyse changes in how ubuntu has been defined in written sources in the period 1846 to 2011. The analysis shows that in written sources published prior to 1950, it appears that ubuntu is always defined as a human quality. At different stages during the second half of the 1900s, some authors began to define ubuntu more broadly: definitions included ubuntu as (...) African humanism, a philosophy, an ethic, and as a worldview. Furthermore, my findings indicate that it was during the period from 1993 to 1995 that the Nguni proverb ‘umuntu ngumuntu ngabantu’ (often translated as ‘a person is a person through other persons’) was used for the first time to describe what ubuntu is. Most authors today refer to the proverb when describing ubuntu, irrespective of whether they consider ubuntu to be a human quality, African humanism, a philosophy, an ethic, or a worldview. (shrink)

If contemporary African political philosophy is going to develop substantially in fresh directions, it probably will not be enough, say, to rehash the old personhood debate between Kwame Gyekye and Ifeanyi Menkiti, or to nit-pick at Gyekye’s system, as much of the literature in the field has done. Instead, major advances are likely to emerge on the basis of new, principled interpretations of sub-Saharan moral thought. In recent work, I have fleshed out two types of moral theories that have a (...) clearly sub-Saharan basis, that differ from Gyekye’s moral perspective, and that also happen to constitute genuine rivals to dominant Western theories such as utilitarianism, Kantianism and contractualism. In catchwords, these African moral theories are constituted by ideals regarding community or friendliness, on the one hand, and vitality or liveliness, on the other. In this article I sketch these two under-explored ethical perspectives and then suggest several respects in which their implications for salient political controversies are novel and revealing. Sometimes the new African moral theories—and the community-based one in particular--entail different conclusions from Gyekye's position, while other times their conclusions are the same as Gyekye’s, but they provide different rationales for them that are more compelling than his. (shrink)

Kwame Gyekye offers a philosophical interpretation and critical analysis of the African cultural experience in modern times. Critically employing Western political and philosophical concepts to clear, comparative advantage, Gyekye addresses a wide range of concrete problems afflicting postcolonial African states, such as ethnicity and nation-building, the relationship of tradition to modernity, the nature of political authority and political legitimation, political corruption, and the threat to traditional moral and social values, practices, and institutions in the wake of rapid social change.

This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the philosophy in (...) Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)