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What are the proper aims of education in a liberal democracy? The essayists in this volume bring philosophical, political, and legal reflection to bear on the practical questions of how education should be changed for the 21st century.

Ethics, economics, and the law of property / Frank I. Michelman -- Professor Michelman's unnecessary and futile search for the philosopher's touchstone / Harold Demsetz -- Private property and the public domain : the case of antitrust / Richard A. Epstein -- The economic analysis of law / Jules L. Coleman -- Utility and rights / David Lyons -- Utilitarian justification for observance of legal rights / Kent Greenawalt -- Utility and rights : comment on David Lyon's essay / R.M. Hare -- Can utilitarianism justify any moral rights? / Alan Gewirth -- Rights, utility, and civil disobedience / Richard E. Flathman -- Utility and skepticism / George P. Fletcher -- Humanity and justice in global perspecive / Brian Barry -- On the need to politicize political morality : world hunger and moral obligation / Kai Nielsen -- Political functionalism and philosophical imperatives in the fight for a new economic order / Thomas M. Franck -- International distributive justice / David A.J. Richards -- Law an the imperatives of progress : private rights and public values in American legal history / Harry N. Scheiber

Explores the challenges of governing in a post-truth worldThe relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential reading for our fraught political moment, Truth and Evidence considers the importance of truth in the face of widespread efforts to turn it into yet another tool of political power

Frontmatter -- CONTENTS -- PREFACE -- CONTRIBUTORS -- INTRODUCTION -- PART I MUST DEMOCRACY FAIL? -- 1 DEMOCRACY AS FAILURE -- 2 FAILING DEMOCRACY -- 3 WHY NO GOOD, VERY BAD, ELITIST DEMOCRACY IS AN ACHIEVEMENT, NOT A FAILURE -- PART II FAILURES OF REPRESENTATION -- 4 REPRESENTATION FAILURE -- 5 DEMOCRATIC THEORY AND DEMOCRATIC FAILURE A CONTEXTUAL APPROACH -- 6 DEMOCRATIC REPRESENTATIVES AS EPISTEMIC INTERMEDIARIES -- 7 POLITICAL PARTIES AND PUBLIC POLICY -- PART III FAILURES OF KNOWLEDGE -- 8 DU BOIS'S DEFENSE OF DEMOCRACY -- 9 PRETEXTUAL POLITICS AND DEMOCRATIC INCLUSION COMMENT ON DARBY -- 10 DEMOCRATIC REMEDIES IF IGNORANCE THREATENS DEMOCRACY -- INDEX

Featuring essays by scholars working in a variety of subjects, this book presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. This book begins with a philosophical exploration of theories of loyalty, both Eastern and Western, and then moves on to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer-client relationships. -- Adapted from publisher's description.

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 t.

Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups?

What is required to create and sustain a political order is debated as intensively today as it has ever been. Constitutions are being written and rewritten in many parts of the world, a great many possibilities are being explored, and much that matters deeply to millions of people hangs on the results. In the eighteen chapters, all previously unpublished, that make up the present volume, major scholars address some of the most pressing questions about political order. Under what conditions do we get political order rather than political chaos? How is political order sustained once it has been created? Do constitutions and electoral systems matter, and if so how much? Is there one best type of political order, or, if not, what is the range of viable possibilities and how should they be evaluated?

With 16 original essays all published here for the first time, Theory and Practicefocuses 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 ofTheory 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 timethe 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 Practicewill be of interest to philosophers, lawyers, and social scientists from a wide range of disciplines.