Few ancient works have been as influential as the Meditations of Marcus Aurelius, philosopher and emperor of Rome (A.D. 161–180). A series of spiritual exercises filled with wisdom, practical guidance, and profound understanding of human behavior, it remains one of the greatest works of spiritual and ethical reflection ever written. Marcus’s insights and advice—on everything from living in the world to coping with adversity and interacting with others—have made the Meditations required reading for statesmen and philosophers alike, while generations of ordinary readers have responded to the straightforward intimacy of his style. For anyone who struggles to reconcile the demands of leadership with a concern for personal integrity and spiritual well-being, the Meditations remains as relevant now as it was two thousand years ago.
In Gregory Hays’s new translation—the first in thirty-five years—Marcus’s thoughts speak with a new immediacy. In fresh and unencumbered English, Hays vividly conveys the spareness and compression of the original Greek text. Never before have Marcus’s insights been so directly and powerfully presented.
With an Introduction that outlines Marcus’s life and career, the essentials of Stoic doctrine, the style and construction of the Meditations, and the work’s ongoing influence, this edition makes it possible to fully rediscover the thoughts of one of the most enlightened and intelligent leaders of any era.
Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo.
Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.
This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
In this “landmark contribution to humanity’s understanding of itself” (The New York Times Book Review) social psychologist Jonathan Haidt challenges conventional thinking about morality, politics, and religion in a way that speaks to conservatives and liberals alike.
Drawing on his twenty five years of groundbreaking research on moral psychology, Haidt shows how moral judgments arise not from reason but from gut feelings. He shows why liberals, conservatives, and libertarians have such different intuitions about right and wrong, and he shows why each side is actually right about many of its central concerns. In this subtle yet accessible book, Haidt gives you the key to understanding the miracle of human cooperation, as well as the curse of our eternal divisions and conflicts. If you’re ready to trade in anger for understanding, read The Righteous Mind.
Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.
A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
Sam Harris’s first book, The End of Faith, ignited a worldwide debate about the validity of religion. In the aftermath, Harris discovered that most people—from religious fundamentalists to nonbelieving scientists—agree on one point: science has nothing to say on the subject of human values. Indeed, our failure to address questions of meaning and morality through science has now become the most common justification for religious faith. It is also the primary reason why so many secularists and religious moderates feel obligated to "respect" the hardened superstitions of their more devout neighbors.
In this explosive new book, Sam Harris tears down the wall between scientific facts and human values, arguing that most people are simply mistaken about the relationship between morality and the rest of human knowledge. Harris urges us to think about morality in terms of human and animal well-being, viewing the experiences of conscious creatures as peaks and valleys on a "moral landscape." Because there are definite facts to be known about where we fall on this landscape, Harris foresees a time when science will no longer limit itself to merely describing what people do in the name of "morality"; in principle, science should be able to tell us what we ought to do to live the best lives possible.
Bringing a fresh perspective to age-old questions of right and wrong and good and evil, Harris demonstrates that we already know enough about the human brain and its relationship to events in the world to say that there are right and wrong answers to the most pressing questions of human life. Because such answers exist, moral relativism is simply false—and comes at increasing cost to humanity. And the intrusions of religion into the sphere of human values can be finally repelled: for just as there is no such thing as Christian physics or Muslim algebra, there can be no Christian or Muslim morality.
Using his expertise in philosophy and neuroscience, along with his experience on the front lines of our "culture wars," Harris delivers a game-changing book about the future of science and about the real basis of human cooperation.
Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
Contrary to the frequency claims of excessive leniency on the part of judges that are often asserted by journalists and shapers of opinions, Rossi and Berk find strong correspondence between the median sentences deemed appropriate by the public and the sentences prescribed by the guidelines. Although the authors conclude that the Commission was able to match prescribed punishments closely to the American consensus for most crimes, in one category -- drug trafficking offenses -- the guidelines were much harsher in dealing with offenders.
The national survey used a factorial survey as its design strategy, allowing for analysis of a large variety of federal crimes and variations in the social characteristics of convicted felons. A wealth of detail, along with ample graphic and tabular illustrations, extends the book's application to issues of consensus and variations in punitiveness by region and socioeconomic characteristics of respondents.
• Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus
• Book Review, “The Laws of Capitalism,” by David Singh Grewal
• Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace”
• Note, “Data Mining, Dog Sniffs, and the Fourth Amendment”
• Note, “Nonbinding Bondage”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne.
In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications.
The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause; By Jordan M. Barry
From Multiculturalism to Technique: Feminism, Culture, and the Conflict of Laws Style; By Karen Knop, Ralf Michaels & Annelise Riles
Fragmentation Nodes: A Study in Financial Innovation, Complexity, and Systemic Risk; By Kathryn Judge
Note: Insurmountable Obstacles: Structural Errors, Procedural Default, and Ineffective Assistance; By Amy Knight Burns
Comment: The Gulf Coast Claims Facility and the Deepwater Horizon Litigation: Judicial Regulation of Private Compensation Schemes; By Colin McDonell
In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
This issue of The Yale Law Journal (the 4th issue of Volume 121, academic year 2011-2012) features articles and essays by several notable scholars. Principal contributors include Louis Kaplow (on burdens of proof and their justifications), Richard Schragger (on democracy and debt), and Anna Gelpern (on quasi-sovereign bankruptcy).
The issue also features student contributions on guilty plea colloquys for immigrants and others, and on voting rights' historical lessons from the school re-segregation cases.
NAMED ONE OF THE BEST BOOKS OF THE YEAR BY THE ECONOMIST
With the wisdom, humor, curiosity, and sharp insights that have brought millions of readers to his New York Times column and his previous bestsellers, David Brooks has consistently illuminated our daily lives in surprising and original ways. In The Social Animal, he explored the neuroscience of human connection and how we can flourish together. Now, in The Road to Character, he focuses on the deeper values that should inform our lives.
Looking to some of the world’s greatest thinkers and inspiring leaders, Brooks explores how, through internal struggle and a sense of their own limitations, they have built a strong inner character. Labor activist Frances Perkins understood the need to suppress parts of herself so that she could be an instrument in a larger cause. Dwight Eisenhower organized his life not around impulsive self-expression but considered self-restraint. Dorothy Day, a devout Catholic convert and champion of the poor, learned as a young woman the vocabulary of simplicity and surrender. Civil rights pioneers A. Philip Randolph and Bayard Rustin learned reticence and the logic of self-discipline, the need to distrust oneself even while waging a noble crusade.
Blending psychology, politics, spirituality, and confessional, The Road to Character provides an opportunity for us to rethink our priorities, and strive to build rich inner lives marked by humility and moral depth.
“Joy,” David Brooks writes, “is a byproduct experienced by people who are aiming for something else. But it comes.”
Praise for The Road to Character
“A hyper-readable, lucid, often richly detailed human story.”—The New York Times Book Review
“This profound and eloquent book is written with moral urgency and philosophical elegance.”—Andrew Solomon, author of Far from the Tree and The Noonday Demon
“A powerful, haunting book that works its way beneath your skin.”—The Guardian
“Original and eye-opening . . . Brooks is a normative version of Malcolm Gladwell, culling from a wide array of scientists and thinkers to weave an idea bigger than the sum of its parts.”—USA Today
Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.
* Article, "The Interpretation-Construction Distinction in Patent Law," by Tun-Jen Chiang & Lawrence B. Solum
* Article, "Agencies as Litigation Gatekeepers," by David Freeman Engstrom
* Essay,"Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse," by Ian Ayres & Richard Luedeman
* Review, "Why Protect Religious Freedom?," by Michael W. McConnell
* Note, "The Case for Tax: A Comparative Approach to Innovation Policy," by Shaun P. Mahaffy
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In 2008, J.K. Rowling delivered a deeply affecting commencement speech at Harvard University. Now published for the first time in book form, VERY GOOD LIVES presents J.K. Rowling's words of wisdom for anyone at a turning point in life. How can we embrace failure? And how can we use our imagination to better both ourselves and others?
Drawing from stories of her own post-graduate years, the world famous author addresses some of life's most important questions with acuity and emotional force.
-- The Tragedy of the Carrots: Economics and Politics in the Choice of Price Instruments, by Brian Galle
-- “They Saw a Protest”: Cognitive Illiberalism and the Speech-Conduct Distinction, by Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans & Jeffrey J. Rachlinski
-- Constitutional Design in the Ancient World, by Adriaan Lanni & Adrian Vermeule
-- The Copyright-Innovation Tradeoff: Property Rules, Liability Rules, and Intentional Infliction of Harm, by Dotan Oliar
-- Note, Testing Three Commonsense Intuitions About Judicial Conduct Commissions
-- Note, Derivatives Clearinghouses and Systemic Risk: A Bankruptcy and Dodd-Frank Analysis
In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets?
In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?
In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.
The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Divided into twelve books, these meditations chronicle Aurelius’s personal quest for self-improvement. This enduring text from one of history’s greatest warriors and leaders has been compared to St. Augustine’s Confessions for its timelessness, clarity, and candor. These writings, composed between 161 and 180 CE, set forth Aurelius’s Stoic philosophy and stress the importance of acting in a way that is moral and just rather than self-indulgent.
This ebook has been professionally proofread to ensure accuracy and readability on all devices.
In Lying, best-selling author and neuroscientist Sam Harris argues that we can radically simplify our lives and improve society by merely telling the truth in situations where others often lie. He focuses on "white" lies—those lies we tell for the purpose of sparing people discomfort—for these are the lies that most often tempt us. And they tend to be the only lies that good people tell while imagining that they are being good in the process.
In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homicide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
to diversity, multiculturalism, and social justice.
are introduced to the study of diversity and social justice, it is usually from
sociological and psychological perspectives. The scholars and activists featured
in this anthology reject this approach as too limiting, insisting that we adopt
a view that is both transdisciplinary and multiperspectival. Their essays focus
on the components of diversity, social justice, and inclusive excellence, not
just within the United States but in other parts of the world. They examine
diversity in the contexts of culture, race, class, gender, learned ability and
dis/ability, religion, sexual orientation, and citizenship, and explore how
these concepts and identities interrelate. The result is a book that will
provide readers with a better theoretical understanding of diversity studies and
will enable them to see and think critically about oppression and how systems of
oppression may be challenged.
Writing with his one-of-a-kind blend of causal humor, exacting intellect, and practical philosophy, David Foster Wallace probes the challenges of daily living and offers advice that renews us with every reading.
Until now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive, and readers can now lose themselves in the summations of America’s finest litigators.
Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous “family” in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the 1968 Chicago riots in his defense of yippie leaders known as the Chicago Seven.
Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in accessible, reader-friendly language.
Since their initial publication, Rand's fictional works—Anthem, The Fountainhead, and Atlas Shrugged—have had a major impact on the intellectual scene. The underlying theme of her famous novels is her philosophy, a new morality—the ethics of rational self-interest—that offers a robust challenge to altruist-collectivist thought.
Known as Objectivism, her divisive philosophy holds human life—the life proper to a rational being—as the standard of moral values and regards altruism as incompatible with man's nature. In this series of essays, Rand asks why man needs morality in the first place, and arrives at an answer that redefines a new code of ethics based on the virtue of selfishness.
More Than 1 Million Copies Sold!
While imprisoned in a Nazi concentration camp, Simon Wiesenthal was taken one day from his work detail to the bedside of a dying member of the SS. Haunted by the crimes in which he had participated, the soldier wanted to confess to--and obtain absolution from--a Jew. Faced with the choice between compassion and justice, silence and truth, Wiesenthal said nothing. But even years after the way had ended, he wondered: Had he done the right thing? What would you have done in his place?
In this important book, fifty-three distinguished men and women respond to Wiesenthal's questions. They are theologians, political leaders, writers, jurists, psychiatrists, human rights activists, Holocaust survivors, and victims of attempted genocides in Bosnia, Cambodia, China and Tibet. Their responses, as varied as their experiences of the world, remind us that Wiesenthal's questions are not limited to events of the past.
Written in 1955 by the then junior senator from the state of Massachusetts, John F. Kennedy's Profiles in Courage serves as a clarion call to every American.
In this book Kennedy chose eight of his historical colleagues to profile for their acts of astounding integrity in the face of overwhelming opposition. These heroes, coming from different junctures in our nation’s history, include John Quincy Adams, Daniel Webster, Thomas Hart Benton, and Robert A. Taft.
Now, a half-century later, the book remains a moving, powerful, and relevant testament to the indomitable national spirit and an unparalleled celebration of that most noble of human virtues. It resounds with timeless lessons on the most cherished of virtues and is a powerful reminder of the strength of the human spirit. Profiles in Courage is as Robert Kennedy states in the foreword: “not just stories of the past but a book of hope and confidence for the future. What happens to the country, to the world, depends on what we do with what others have left us."
Along with vintage photographs and an extensive author biography, this book features Kennedy's correspondence about the writing project, contemporary reviews, a letter from Ernest Hemingway, and two rousing speeches from recipients of the Profile in Courage Award. Introduction by John F. Kennedy’s daughter Caroline Kennedy, forward by John F. Kennedy’s brother Robert F. Kennedy.
Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.