Books in the NOMOS - American Society for Political and Legal Philosophy series

Explores the challenges facing democracies in the twenty-first centuryIn Democratic Failure, Melissa Schwartzberg and Daniel Viehoff bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the key questions and challenges facing democracies, both in the past and present, around the world.In ten timely essays, contributors examine the fascinating, centuries-old question of whether or not democracy can ever fulfill the promise of its ideals. Together, they explore lessons from the history of democracy, various failures of democratic representation, and more. Ultimately, this latest installment of the NOMOS series provides thought-provoking insights into how we conceptualize, measure, and address democratic erosion in our present-day world.

Many of the chapters in this volume began life at the December 1995 meeting of the American Society for Political and Legal Philosophy, held in conjunction with the American Philosophical Association in New York. Eleven essays address: conceptual issues (primarily, point- counterpoint to Thomas Hil

What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? This book deals with these questions.

Illuminates the challenges of making strong empirical claims about the impact of transitional institutions

Containing essays on the political, legal, and philosophical dimensions of political legitimacy, this volume reflects the cutting edge of responses to fundamental philosophical questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law.

A distinguished group of scholars explores compromise in contemporary affairs Do 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 fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies. The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.

Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides a comprehensive consideration of the many challenges of law and political philosophy that accompany them.

Part of "NOMOS" series, this title considers a variety of topics in the area where economics, philosophy, and political science join paths. It includes such essays as: Contractarian Method, Private Property, and the Market Economy, Justice Under Capitalism, and Market Choice and Human Choice.

In the United States, there exists increasing uneasiness about the predominance of self-interest in both public and private life, growing fear about the fragmentation and privatization of American society. This title examines what is meant by virtue, analyzing various historical and analytical meanings of virtue, and notions of liberal virtue.

With 16 original essays all published here for the first time, Theory and Practice focuses on the relationship between philosophical tradition and everyday life in the Western tradition. In this comprehensive volume, Ian Shapiro and Judith Wagner DeCew have gathered contributions from some of the most influential thinkers of our generation including Cass Sunnstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenwalt. What are the relations between philosophical theories and everyday life? This question, as old as it is profound, is the central focus of Theory and Practice. The contributors include some of the most influential thinkers of our generation, among them Cass Sunnstein, Jean Bethke Elshtain, Martha Nessbaum, Jeremy Waldron, and Kent Greenwalt. In sixteen chapters--all published here for the first time-the authors examine major attempts to reconcile theory with practice in the Western tradition from Herodotus, Plato, and Aristotle to Kant and Heidegger. Considerable attention is devoted to the role of theory in judicial decision-making, debates between defenders of the value of pure theory and those who argue for the priority of practice, the political implications of theory, practical problems such as global warming, and the theoretical commitments of practitioners from Karl Marx to Vaclav Havel. One of the most expansive volumes in the NOMOS series to date, Theory and Practice will be of interest to philosophers, lawyers, and social scientists from a wide range of disciplines.

Includes essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Suitable for political scientists, philosophers, and legal scholars, this collection brings together a variety of viewpoints.

Seeks to explore the effects of globalization on the citizens of this increasingly interconnected world

Somalia, Haiti, Bosnia, and, Kosovo. All are examples where humanitarian intervention has been called into action. This volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state.

This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law, addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.

The essays in this volume focus on how the design of democratic institutions may be improved. This book also looks at questions of corruption and excessive influence and electoral structures.

Papers from the September 1993 meeting of the American Society for Political and Legal Philosophy, held in Washington, DC, address questions pertaining to the creation and maintenance of political order, and explore the range of viable possibilities for political order. They consider issues such as

Political exclusion and domination are common forms of injustice in democratic societies. The contributors to this volume explore the concepts of exclusion and domination from a wide array of theoretical approaches - liberal and republican, feminist and pluralist.

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 the right to control its own borders? How are laws that restrict or regulate migration created and justified? Why has the criminalization of migration increased? How can migration be better considered through the point of view of the migrants themselves? What are the differences in international and national institutional migratory policy? The volume explores questions of border control and enforcement, criminalization of borders, and how to address current debates and changes in regards to migration and immigration. The intersection of analysis and prescription provides both an assessment of current forms of thought or regulation and suggestion of alterations to address the flaws or failures of present approaches. The eight essays in this volume reflect a variety of considerations and explorations across interdisciplinary lines, and provide a new and thought-provoking discussion of policy, practice, and philosophy of migratory and border practices.

Explores the concept of passion & emotion in moral, political, and legal philosophy

Presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty

Examines the possibilities of a naturalistic ethics, the implications of behavioural morality for reform of the criminal law, the prospects for a bio-political science, and the relationship between nature, culture and social engineering

From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).

In the United States, there exists increasing uneasiness about the predominance of self-interest in both public and private life, growing fear about the fragmentation and privatization of American society. This title examines what is meant by virtue, analyzing various historical and analytical meanings of virtue, and notions of liberal virtue.