Thoughtfulness and the Rule of Law

Thoughtfulness and the Rule of Law
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 337
Release: 2023-12-05
Genre: Philosophy
ISBN: 067429484X

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An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.

The Harm in Hate Speech

The Harm in Hate Speech
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 271
Release: 2012-06-08
Genre: Law
ISBN: 0674069919

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Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

One Another’s Equals

One Another’s Equals
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 277
Release: 2017-06-19
Genre: History
ISBN: 0674659767

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Cover -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. "More Than Merely Equal Consideration"? -- 2. Prescriptivity and Redundancy -- 3. Looking for a Range Property -- 4. Power and Scintillation -- 5. A Religious Basis for Equality? -- 6. The Profoundly Disabled as Our Human Equals -- Index

Political Political Theory

Political Political Theory
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 369
Release: 2016-03-07
Genre: Political Science
ISBN: 0674970365

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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.

The Idea of Justice

The Idea of Justice
Author: Amartya Sen
Publisher: Harvard University Press
Total Pages: 497
Release: 2011-05-31
Genre: Business & Economics
ISBN: 0674060474

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Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.

The Second-Person Standpoint

The Second-Person Standpoint
Author: Stephen Darwall
Publisher: Harvard University Press
Total Pages: 363
Release: 2009-09-30
Genre: Philosophy
ISBN: 0674034627

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Why should we avoid doing moral wrong? The inability of philosophy to answer this question in a compelling manner—along with the moral skepticism and ethical confusion that ensue—result, Stephen Darwall argues, from our failure to appreciate the essentially interpersonal character of moral obligation. After showing how attempts to vindicate morality have tended to change the subject—falling back on non-moral values or practical, first-person considerations—Darwall elaborates the interpersonal nature of moral obligations: their inherent link to our responsibilities to one another as members of the moral community. As Darwall defines it, the concept of moral obligation has an irreducibly second-person aspect; it presupposes our authority to make claims and demands on one another. And so too do many other central notions, including those of rights, the dignity of and respect for persons, and the very concept of person itself. The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality’s supreme authority—an account that Darwall carries from the realm of theory to the practical world of second-person attitudes, emotions, and actions.

The Roots of Normativity

The Roots of Normativity
Author: Joseph Raz
Publisher: Oxford University Press
Total Pages: 315
Release: 2022
Genre: Normativity (Ethics)
ISBN: 0192847007

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"This book concerns one of the most basic philosophical questions: the explanation of normativity in its many guises. It lays out succinctly the view of normativity that Raz has sought to develop over many decades and determines its contours through some of its applications. In a nutshell, it is the view that understanding normativity is understanding the roles and structures of normative reasons which, when they are reasons for actions, are based on values. The book aims also to clarify the ways in which normative reasons are made for rational beings like us. It brings the account of normativity to bear on many aspects of the lives of rational beings, most abstractly, their agency, more concretely their ability to form and maintain relationships, and live their lives as social beings with a sense of their identity"--

What We Owe to Each Other

What We Owe to Each Other
Author: T. M. Scanlon
Publisher: Harvard University Press
Total Pages: 433
Release: 2000-11-15
Genre: Philosophy
ISBN: 067400423X

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How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong.

Justice for Hedgehogs

Justice for Hedgehogs
Author: Ronald Dworkin
Publisher: Harvard University Press
Total Pages: 521
Release: 2011-05-03
Genre: Philosophy
ISBN: 0674071964

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The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.

On Betrayal

On Betrayal
Author: Avishai Margalit
Publisher: Harvard University Press
Total Pages: 301
Release: 2017-02-06
Genre: Philosophy
ISBN: 067497395X

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“Seamlessly combines analytic rigor with personal memoir . . . its arguments are drawn from political history . . . Biblical commentary . . . novels and biographies.” (Amélie Rorty, Tufts University) Adultery, treason, and apostasy no longer carry the weight they once did. Yet we constantly see and hear stories of betrayal. Avishai Margalit argues that the tension between the ubiquity of betrayal and the loosening of its hold is a sign of the strain between ethics and morality, between thick and thin human relations. On Betrayal offers a philosophical account of thick human relations?relationships with friends, family, and core communities?through their pathology, betrayal. Judgments of betrayal often shift unreliably. A traitor to one side is a hero to the other. Yet the notion of what it means to betray is remarkably consistent across cultures and eras. Betrayal undermines thick trust, dissolving the glue that holds our most meaningful relationships together. On Betrayal is about ethics: what we owe to the people and groups that give us our sense of belonging. Drawing on literary, historical, and personal sources, Maraglit examines what our thick relationships are and should be and revives the long-discarded notion of fraternity. “Provocative and illuminating.” —Michael Walzer, Institute for Advanced Study “Witty and wise, precise and profound, On Betrayal is an easy but deep read: it sees life as it really is with all its turmoil.” —The Christian Century “The range of Margalit’s examples is astonishing. . . . He is much more knowledgeable about and comfortable with communities (and in communities) than most philosophers are, and so he is very good at recognizing when they go wrong.” —New York Review of Books