Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall Sch...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

A bracingly provocative challenge to one of our most cherished ideas and institutionsMost people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. ...

All over the world democratic reforms have brought power to the people-but under conditions where the people have little opportunity to think about the power that they exercise. Do we want a democracy inspired by Madison or by Madison Avenue? A democracy animated by deliberation or by manipulation? This book examines each of the principal democratic theories and makes the case for a democracy in which the people offer informed judgments about politics or policy. It then goes on toshow how ...

An esteemed philosopher offers a vision for the central role of one of our most cherished—and controversial—ideas.In this rigorous distillation of his political philosophy, Philip Pettit, author of the landmark work Republicanism, champions a simple standard for our most complex political judgments, offering a challenging ideal that nevertheless holds out a real prospect for social and democratic progress.Whereas many thinkers define freedom as the...

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions.A unique assortment of leading scholars and practitioners in law and related disciplines-political science, economics, sociology, cri...

What should we expect from democracy, and how likely is it that democracies will live up to those expectations? In The State of Democratic Theory, Ian Shapiro offers a critical assessment of contemporary answers to these questions, lays out his distinctive alternative, and explores its implications for policy and political action.Some accounts of democracy's purposes focus on aggregating preferences; others deal with collective deliberation in search of the common good. Sh...

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.Commentators from Plato to Derrida have called law to account in the name ...

The idea for this book arose out of a little known political scandal, known as "phonegate", that occurred in Minnesota in the early 1990's in which a number of legislators were found to have been abusing their phone privileges. The hubris of the legislature in response to the discovery of this abuse not only made me rather angry, but, since I had been called for jury duty the year before, gave me the idea that service in the legislature ought to be a duty of citizenship like jury duty. Alt...

This book elaborates and defends the idea of law without the state. Animated by a vision of peaceful, voluntary cooperation as a social ideal and building on a careful account of non-aggression, it features a clear explanation of why the state is illegitimate, dangerous and unnecessary. It proposes an understanding of how law enforcement in a stateless society could be legitimate and what the optimal substance of law without the state might be, suggests ways in which a stateless legal orde...

This outstanding new book shows why communitarian thought has had such a profound influence on contemporary American public policy, from strengthening our neighborhoods to fighting AIDS and educating our children. Edited by Amitai Etzioni, founder of the Communitarian Network and author of the best-selling books The Spirit of Community and The New Golden Rule, this comprehensive collection contains essays written by the nation's most respected thinkers. See why politician...