Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they (...) find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not coun. (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.

"For description and defense of the narrative configurations of everyday life, and of the practical and social character of those narratives, there is no better treatment than Time, Narrative, and History.... a clear, judicious, and truthful account, provocative from beginning to end." —Journal of the British Society for Phenomenology "... a superior work of philosophy that tells a unique and insightful story about narrative." —Quarterly Journal of Speech.

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...

This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications for (...) our understanding of temptation and self-control, shared intention and shared cooperative activity, and moral responsibility. The essays offer extensive discussions of related views by, among others, Donald Davidson, Hector-Neri Castañeda, Christine Korsgaard, Harry Frankfurt, and P. F. Strawson. This collection will be a valuable resource for a wide range of philosophers and their students. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

C. C. W. Taylor presents a clear and faithful new translation of one of the most famous and influential texts in the history of Western thought, accompanied by an analytical and critical commentary focusing on philosophical issues. In Books II to IV of the Nicomachean Ethics Aristotle gives his account of virtue of character, which is central to his ethical theory as a whole and a key topic in much modern ethical writing.

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

An introduction and translator's note by translator Peter Preuss are included in the text.