The idea that “states’ rights” restrain national power is riding high in American judicial and popular opinion. Here, Sotirios A. Barber shows how arguments for states’ rights, from the days of John C. Calhoun to the present, have offended common sense, logic, and bedrock constitutional principles.
To begin with, states’ rights federalism cannot possibly win the debate with national federalism owing to the very forum in which the requisite argument must occur—a national one, thanks to the Civil War—and the ordinary rules of practical argumentation. Further, the political consequences of this self-defeating logic can only hasten the loss of American sovereignty to international economic forces. Both philosophical and practical reasons compel us to consider two historical alternatives to states’ rights federalism. In the federalism of John Marshall, the nation’s most renowned jurist, the national government’s duty to ensure security, prosperity, and other legitimate national ends must take precedence over all conflicting exercises of state power. In “process” federalism, the Constitution protects the states by securing their roles in national policy making and other national decisions. Barber opts for Marshall’s federalism, but the contest is close, and his analysis takes the debate into new, fertile territory.
Affirming the fundamental importance of the Preamble, Barber advocates a conception of the Constitution as a charter of positive benefits for the nation. It is not, in his view, a contract among weak separate sovereigns whose primary function is to protect people from the central government, when there are greater dangers to confront.
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars.
In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Immanuel Kant’s claim that the categorical imperative of morality is based in practical reason has long been a source of puzzlement and doubt, even for sympathetic interpreters. Kant’s own explanations, which mainly concern his often-criticized formula of universal law, are laconic and obscure, leading interpreters to dismiss them in favor of less ambitious claims involving his other famous formulas.
In The Form of Practical Knowledge, Stephen Engstrom provides an illuminating new interpretation of the categorical imperative, arguing that we have exaggerated and misconceived Kant’s break with tradition: Kant never departs from the classical conception of practical reason as a capacity for knowledge of the good. His distinctive contribution is the idea that morality’s imperatives express the form of such knowledge.
By developing an account of practical knowledge that situates Kant’s ethics within his broader epistemology and rethinks numerous topics in his moral psychology and in his account of practical reason (including desire, intention, choice, will, as well as pleasure, happiness, and the good), Engstrom’s work promises to deepen and to reshape our understanding of Kantian ethics.
Duane Cady views warism and pacifism as polar extremes on a continuum that embraces a full spectrum of ethical positions on the morality of war and peace. Realizing that he could not intellectually defend the notions of just-war theory, he found that he was a reluctant pacifist. In this new edition of From Warism to Pacifism, Cady continues to expose the pervasive, subconscious warism that is the dominant ideology in modern Western culture. He explores the changes over the last twenty years—from the end of the Cold War to the ongoing “war on terror,” as well as Barack Obama winning the Nobel Prize for Peace.
Like racism and sexism, the uncritical presumption that war is morally justifiable, even morally required, misguides our attitudes and institutions. In its place, Cady proposes the development of a positive concept of peace. Citing common objections to pacifist values, he describes peace as something more than the mere absence of war and demonstrates that pacifism is a defensible position.
Are we entitled to be confident that our moral judgements can be objective? Can they express insights into aspects of reality, rather than mere feelings, tastes, desires, decisions, upbringing, or conventions? Why must we consider some of our choices to be free, and how do our free choices matter? How far should our moral judgements be based on assessments of expected consequences? Can utilitarianism, and other consequentialist or proportionalist theories, be anything more than the rationalization of positions taken on other grounds?
The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism. But in seeking to meet this challenge, the book develops a sustained philosophical argument about many of the central questions of ethics. It reviews classical positions, and challenges some long-influential interpretations of those positions. It also reviews and participates in some recent developments and controversies in Anglo-American ethical theory.
The activity of ethical theorizing itself is shown to be a matter of free and intelligent decision, in pursuit of intelligible good; it thus provides a test-case for any ethical theory.
The Future of Ethics interprets the big questions of sustainability and social justice through the practical problems arising from humanity’s increasing power over basic systems of life. What does climate change mean for our obligations to future generations? How can the sciences work with pluralist cultures in ways that will help societies learn from ecological change?
Traditional religious ethics examines texts and traditions and highlights principles and virtuous behaviors that can apply to particular issues. Willis Jenkins develops lines of practical inquiry through "prophetic pragmatism," an approach to ethics that begins with concrete problems and adapts to changing circumstances. This brand of pragmatism takes its cues from liberationist theology, with its emphasis on how individuals and communities actually cope with overwhelming problems.
Can religious communities make a difference when dealing with these issues? By integrating environmental sciences and theological ethics into problem-based engagements with philosophy, economics, and other disciplines, Jenkins illustrates the wide understanding and moral creativity needed to live well in the new conditions of human power. He shows the significance of religious thought to the development of interdisciplinary responses to sustainability issues and how this calls for a new style of religious ethics.
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