Reciprical Freedom

Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.

Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.

Thoughtful and informative, this essay is an analysis of the basis and nature of human rights. Arguing that human rights is an issue that is often invoked but seldom intelligently considered, this record examines concrete, immediate, moral, and social issues, including birth control, taxation, welfare, private behavior, and military service. Noting the inadequacies of non-Christian positions—such as the radical-humanist, utilitarian, and self-realization approaches—this account develops an original thesis in which the absolute ground for rights is the will and grace of God.

If you want students to really understand the concept of power, moving beyond a survey book′s quick discussion of Laswell′s "who gets what and how," Muir′s thoughtful Freedom in America might be the book for you. Exploring the words and ideas of such thinkers as Madison, Jefferson, Hamilton, and Tocqueville, Muir discusses the nature and limits of three types of power—coercive, reciprocal, and moral—and then uses this framework to explain how American political institutions work. If looking for an alternative to a long survey text—or itching to get students grappling with The Federalist Papers or Democracy in America with more of a payoff—Muir′s meditation on power and personal freedom is a gateway for students to take their study of politics to the next level. His inductive style, engaging students with well-chosen and masterfully written stories, lets him draw out and distill key lessons without being preachy. Read a chapter and decide if this page turner is for you.

From Steve Forbes, the iconic editor in chief of Forbes Media, and Elizabeth Ames coauthors of How Capitalism Will Save Us—comes a new way of thinking about the role of government and the morality of free markets. Americans today are at a turning point. Are we a coun­try founded on the values of freedom and limited gov­ernment, as envisioned by the founding fathers in the Declaration of Independence and the Constitution? Or do we want to become a European-style socialist democ­racy? What best serves the public good—freedom or Big Government? In Freedom Manifesto, Forbes and Ames offer a new twist on this historic debate. Today’s bloated and bureau­cratic government, they argue, is anything but a force for compassion. Instead of assuring fairness, it promotes favoritism. Instead of furthering opportunity, it stifles economic growth. Instead of unleashing innovation and material abundance, its regulations and price controls create rigidity and scarcity. Not only are Big Govern­ment’s inefficient and ever-expanding bureaucracies ill-equipped to deliver on their promises—they are often guilty of the very greed, excess, and corruption routinely ascribed to the private sector. The only way to a truly fair and moral society, the authors say, is through economic freedom—free people and free markets. Throughout history, open markets have helped the poor and everyone else by unleashing unprecedented creativity, generating wealth, and raising living standards. Promoting trust, generosity, and de­mocracy, economic freedom has been a more powerful force for individual rights, self-determination—and hu­manity—than any government bureaucracy. Freedom Manifesto captures the spirit of a new movement that is questioning old ideas about the mo­rality of government and markets for the first time since the Great Depression. Going beyond the familiar explanations and sound bites, the authors provide a fully developed framework of “first principles” for a true understanding of the real moral and ethical distinctions between more and less government. This timely and provocative book shows why free markets and liberty are the only way to a better future and a fair and humane society.

Winner: Native American and Indigenous Studies Association's Best Subsequent Book 2017 Honorable Mention: Labriola Center American Indian National Book Award 2017 Across North America, Indigenous acts of resistance have in recent years opposed the removal of federal protections for forests and waterways in Indigenous lands, halted the expansion of tar sands extraction and the pipeline construction at Standing Rock, and demanded justice for murdered and missing Indigenous women. In As We Have Always Done, Leanne Betasamosake Simpson locates Indigenous political resurgence as a practice rooted in uniquely Indigenous theorizing, writing, organizing, and thinking. Indigenous resistance is a radical rejection of contemporary colonialism focused around the refusal of the dispossession of both Indigenous bodies and land. Simpson makes clear that its goal can no longer be cultural resurgence as a mechanism for inclusion in a multicultural mosaic. Instead, she calls for unapologetic, place-based Indigenous alternatives to the destructive logics of the settler colonial state, including heteropatriarchy, white supremacy, and capitalist exploitation.