Right V. Might


Book Description




Right V. Might


Book Description




Right V. Might


Book Description




How Rights Went Wrong


Book Description

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.




Out of Range


Book Description

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.




Rights vs. Responsibilities


Book Description

In the past 65 years, the United States Supreme Court has outlined, through its decisions, its conceptions of the roles and responsibilities of the U.S. media. Analyzing every Supreme Court media case from 1931 to 1996, this book explores the changes in how the Court has conceived of the media's freedom. Hindman focuses on the educational and political functions of the media, the ethical principles of truth telling, and the conflict between collectivist and individualist interpretations of the First Amendment. The author challenges accepted views in the field, arguing that despite the justices' rhetoric, the Court has treated media freedom as a social goal rather than a right.




Justice


Book Description

A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? 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.




Gay Rights vs. Religious Liberty?


Book Description

Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.




Might Is Right Or Survival of the Fittest


Book Description

This is unabridged, original text of this infamous book. Might Is Right, or The Survival of the Fittest, is a book by pseudonymous author Ragnar Redbeard. First published in 1890, it heavily advocates social Darwinism, amoralism, and psychological hedonism. In Might is Right, Redbeard rejects conventional ideas of human and natural rights and argues that only strength or physical might can establish moral right (la Callicles). Libertarian historian James J. Martin called it "surely one of the most incendiary works ever to be published anywhere." Leo Tolstoy discussed the philosophy of Might Is Right in his 1897 essay What Is Art?: "The substance of this book, as it is expressed in the editor's preface, is that to measure "right" by the false philosophy of the Hebrew prophets and "weepful" Messiahs is madness. Right is not the offspring of doctrine, but of power. All laws, commandments, or doctrines as to not doing to another what you do not wish done to you, have no inherent authority whatever, but receive it only from the club, the gallows, and the sword. A man truly free is under no obligation to obey any injunction, human or divine. Obedience is the sign of the degenerate. Disobedience is the stamp of the hero. Men should not be bound by moral rules invented by their foes. The whole world is a slippery battlefield. Ideal justice demands that the vanquished should be exploited, emasculated, and scorned. The free and brave may seize the world. And, therefore, there should be eternal war for life, for land, for love, for women, for power, and for gold. The earth and its treasures is "booty for the bold." The author has evidently by himself, independently of Nietzsche, come to the same conclusions which are professed by the new artists."




The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis