Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, b...

This reader introduces students of philosophy and politics to the contemporary critical literature on the classical social contract theorists: Thomas Hobbes (1599-1697), John Locke (1632-1704), and Jean-Jacques Rousseau (1712-1778). Twelve thoughtfully selected essays guide students through the texts, familiarizing them with key elements of the theory, while at the same time introducing them to current scholarly controversies. A bibliography of additional work is provided. The classical so...

Markets are thought of by some as liberating the individual. Rather than a feudal system in which each is assigned a role or tasks by an authority, each is free to make decisions concerning how to use their resources and direct their productive activities in light of market prices for goods and services. These prices are not dictated but reflect the preferences of individuals, aggregated by an invisible hand. In this posthumous work, political philosopher Waheed Hussain argues that this wa...

The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of ...

Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

A waiter spills hot coffee on a customer. A person walks on another person’s land. A moored boat damages a dock during a storm. A frustrated neighbor bangs on the wall. A reputation is ruined by a mistaken news report. Although the details vary, the law recognizes all of these as torts, different ways in which one person wrongs another. Tort law can seem puzzling: sometimes people are made to pay damages when they are barely or not at fault, while at other times serious losses go uncompens...

Kant casts a long shadow over contemporary debates in political philosophy. The Kantian roots of ideas of dignity, autonomy, equality and freedom under law are widely acknowledged. Kant’s own developments of those ideas in his explicitly political writings are taken up less frequently. The aim of this volume is to help bring those contributions out of the shadows. The articles and essays explore various dimensions of Kant’s complex and powerful picture of the relation between morality and ...

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative?Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tra...

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest id...

This book is a major contribution to our understanding of the condition of the immigrant and it will transform the reader’s understanding of the issues surrounding immigration. Sayad’s book will be widely used in courses on race, ethnicity, immigration and identity in sociology, anthropology, cultural studies, politics and geography.an outstanding and original work on the experience of immigration and the kind of suffering involved in living in a society and culture which...

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic...

In the days and weeks following the tragic 2011 shooting of nineteen Arizonans, including congresswoman Gabrielle Giffords, there were a number of public discussions about the role that rhetoric might have played in this horrific event. In question was the use of violent and hateful rhetoric that has come to dominate American political discourse on television, on the radio, and at the podium. A number of more recent school shootings have given this debate a renewed sense of urgency, as hav...