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Frontmatter -- Contents -- Preface -- 1. Introduction -- Part 1. Structural Features of the Separation of Powers -- 2. Synopsis of the Advantages of the Separate Branches of Government -- 3. Rules of the Legislative Process -- 4. Statutory Construction: The Courts Review the Work of the Legislature -- 5. Stare Decisis: The Self-Imposed Constraint by the Judicial Branch Not Shared by the Other Branches -- Part 2. Case Illustrations of the Separation of Powers -- 6. The Proper Roles of Government: The Case of Obnoxious Speech -- 7. The Exclusionary Rule: When Is a Matter Constitutional, When Is It Only Policy? -- 8. Affirmative Action: The Use of Race by Government -- 9. The Fiesta Bowl: Unintended Consequences of Judicial and Legislative Activism -- 10. Defining Constitutional Rights: Roe v. Wade -- 11. The Civil Rights Act of 1992: The Burden of Proof as a Judicial Function Used to Achieve a Legislative Result -- 12. Two Statutes, a Hundred Years Apart: When Court Interpretation Changes between and after Two Separate Legislative Acts -- 13. When the Supreme Court Does Not Do Its Job: The Second Amendment -- 14. Methods of Solving Disputes between (and within) the Branches of Government -- 15. Another Method of Solving Interbranch Disputes: Legislators Going to Court to Sue the Executive Branch -- Index

This critical exposition of Adam Smith's Theory of Moral Sentiments, first published in 1971, gives an appreciation of Smith's conception of scientific method as applied to the study of social phenomena. The work is placed in the context of Smith's other writings including of course The Wealth of Nations, but making special use of the theory of scientific development contained in his posthumous work, Essays on Philosophical Subjects.By concentrating on Smith's methodological approach to the study of society, this book provides an illuminating interpretation of his moral theory and defends it a

Cover -- Contents -- Preface and Acknowledgements -- 1 What is Justice? The Concept -- The roots of justice -- Justice and ideology -- Justice and distribution -- Justice and desert -- 2 What is Just? The Norms -- Equality and desert -- The value of formal justice -- Knowledge of justice -- The communitarian critique of liberal justice -- 3 Justice as Entitlement: Libertarian Approaches -- Rights and formal justice -- Justice as human rights -- Ownership and entitlement -- Nozick's justice -- Conjectural history and the minimal state -- Libertarian alternatives -- 4 Justice as Respect: Liberal Approaches -- Kantian justice -- Dworkin's rights -- Justice and minorities -- Critique of Dworkin -- 5 Justice as Fairness: Contractual Approaches -- Justice as fairness -- Rawlsian justice -- Critique of Rawls -- The original position -- Principles of justice -- Respecting desert -- Some Rawlsian dogmas -- Global justice -- 6 Justice as Utility: Consequentialist Approaches -- Justice and utility -- The 'economics' of justice -- Criminal law -- 7 Justice as Desert: Responsibilities and Remuneration -- The attractions of desert -- Problems of desert -- Just remuneration -- Luck egalitarianism -- 8 Justice as Critique: Socialist Approaches -- Formal justice and the critique of rights -- Material justice, exploitation and desert -- Socialist justice -- 9 Justice as Empowerment: Feminist Approaches -- A feminist reconstruction of justice -- Oppression and domination -- Critical reflections -- 10 Justice as Democracy: Political Approaches -- The theory of social interaction -- The presuppositions of communicative action -- Habermasian justice -- Critical comments -- 11 Global Justice: Cosmopolitan Approaches -- A justice approach -- A humanitarian approach -- Justice and humanity -- The International criminal courts and humanitarian intervention.