The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in th...

Two leading scholars of democracy make the case for political bargaining and define its proper limits.Bargains—grand and prosaic—are a central fact of political life. The distribution of bargaining power affects the design of constitutions, the construction of party coalitions, legislative outcomes, judicial opinions, and much more. But can political bargaining be justified in theory? If it inevitably involves asymmetric power, is it anything more than the exercise...

This book reflects on the research and career of political theorist Russell Hardin from scholars of Political Science, Philosophy, Sociology, Economics, and Law, among other disciplines. Contributions address core issues of political theory as perceived by Hardin, starting with his insistence that many of the basic institutions of modern society and their formative historical beginnings can be understood as proceeding primarily from the self-interested motives of the participants. Many of ...

The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies...

Why democracy is the best way of deciding how decisions should be madePragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the pro...

Essays on the political, legal, and philosophical dimensions of political legitimacyScholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the ...

Immigration, Emigration and Migration consists of essays written by distinguished scholars across the fields of law, political science, and philosophy that examine questions of travel and migration across national borders.Questions of immigration and border enforcement practices are particularly salient in contemporary public discourse, and examinations of policy and practice bring forth new philosophical quandaries. Why the common assumption that each country has ...

A distinguished group of scholars explore the moral values and political consequences of privatizationThe 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-own...

An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies.Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how ...

A distinguished group of scholars explores compromise in contemporary affairsDo lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the...

Toleration on Trial offers the only multidisciplinary study available on the issue of toleration, bringing together political psychologists, philosophers, sociologists, Islamic scholars, and political theorists to examine the most pressing debates in the field. The volume addresses the toleration question from a number of angles: toleration and its application to gay rights; Islam and toleration; institutional, ideological, and psychological preconditions for its practice; and philosophica...

Democracy requires a connection to the 'will of the people'. What does that mean in a world of 'fake news', relentless advocacy, dialogue mostly among the like-minded, and massive spending to manipulate public opinion? What kind of opinion can the public have under such conditions? What would democracy be like if the people were really thinking in depth about the policies they must live with? If they really 'deliberated' with good information about their political choices? This book argues...