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)

The Machiavellian Moment is a classic study of the consequences for modern historical and social consciousness of the ideal of the classical republic revived by Machiavelli and other thinkers of Renaissance Italy. J.G.A. Pocock suggests that Machiavelli's prime emphasis was on the moment in which the republic confronts the problem of its own instability in time, and which he calls the "Machiavellian moment." After examining this problem in the thought of Machiavelli, Guicciardini, and Giannotti, Pocock turns to the revival of (...) republican thought in Puritan England and in Revolutionary and Federalist America. He argues that the American Revolution can be considered the last great act of civic humanism of the Renaissance. He relates the origins of modern historicism to the clash between civic, Christian, and commercial values in the thought of the eighteenth century. (shrink)

In this dialogue Plato shows the pretensions of the leading sophist, Protagoras, challenged by the critical arguments of Socrates. The dialogue broadens out to consider the nature of the good life and the role of intellect and pleasure.

Unger shows how a changed practice of legal analysis can reshape the dominant institutions of representative democracy, market economy and free civil society.

Gregory Vlastos was one of the twentieth century's most influential scholars of ancient philosophy. Over a span of more than fifty years, he published essays and book reviews that established his place as a leading authority on early Greek philosophy. The two volumes that comprise Studies in Greek Philosophy include nearly forty contributions by this acknowledged master of the philosophical essay. Many of these pieces are now considered to be classics in the field. Perhaps more than any other modern scholar, (...) Gregory Vlastos was responsible for raising standards of research, analysis, and exposition in classical philosophy to new levels of excellence. His essays have served as paradigms of scholarship for several generations. Available for the first time in a comprehensive collection, these contributions reveal the author's ability to combine the skills of a philosopher, philologist, and historian of ideas in addressing some of the most difficult problems of ancient philosophy. Volume I collects Vlastos's essays on Presocratic philosophy. Wide-ranging concept studies link Greek science, religion, and politics with philosophy. Individual studies illuminate the thought of major philosophers such as Heraclitus, Parmenides, Anaxagoras, and Democritus. A magisterial series of studies on Zeno of Elea reveals the author's power in source criticism and logical analysis. Volume II contains essays on the thought of Socrates, Plato, and later thinkers and essays dealing with ethical, social, and political issues as well as metaphysics, science, and the foundations of mathematics. (shrink)

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that (...) the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

Each chapter of this book treats a particular historical or contemporary topic of civic concern. Some are centered on current family crises and issues (the "family wage," child abuse, the "new eugenics") while others look to the wider national and international polity. Yet each, insistently, returns to common themes: the many faces and forms of power; struggles for autonomy; the need for human sociality and community. Elshtain's essays on controversial domestic subjects demonstrate her independence of mind, her understanding of politics (...) as the art of the possible, and her openness to debate. In the last section, related essays on women's power and powerlessness, on patriotism, and on just war track a movement from domestic politics to foreign affairs. They are cautionary tales which simultaneously express realizable hopes and honor those, like the Mothers of the Disappeared in Argentina, who have taught us, through their desperation and triumph, what it means to fashion a politics of hope and justice against a politics of vengeance and despair. (shrink)

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the (...) values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal. (shrink)