Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process.

The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases.

This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

Much of this century’s empirical research in the social sciences has been devoted to understanding the causes and contributing factors of antisocial behavior. In studies of children’s moral reasoning and conduct, developmental psychologists have probed the cognitive and social bases of aggression, conflict, delinquency, and prejudice. In contrast to psychology’s lengthy preoccupation with negative behavior in children, the study of children’s altruistic, cooperative, and sharing behavior has a relatively short history.

The Caring Child provides the most up-to-date account of our current understanding of the motivations behind prosocial behaviors and how these motives develop and are elicited in various situations. When do children first exhibit prosocial behavior, particularly altruism? How do helping, sharing, and comforting behaviors change with age? Why are some children more caring than others? Are differences among children’s prosocial behaviors a result of hereditary factors, of how children are raised, or both? Can prosocial tendencies be enhanced by parents’ and educators’ deliberate attempts to instill altruistic motives and to teach caring behaviors?

Nancy Eisenberg broadens our concept of the moral potential of children as she shifts the focus from censoring antisocial behaviors to the active promotion of kindness and caring in children.

Women have long needed a book devoted to their unique issues with diabetes. This up-to-date and practical guide advocates simple lifestyle changes that can help women reduce their risk of getting diabetes or, if already diagnosed, prevent the disease’s most serious complications. Every Woman’s Guide to Diabetes translates the latest findings from diabetes research into proven strategies busy women can use to stay healthy and gain control over an often overwhelming disease. The authors discuss the nature of diabetes, helping readers through the complex medical decisions involved in diabetes treatment. They highlight strategies to decrease the emotional stress and social isolation that often accompany diagnosis, and offer everyday techniques for managing blood sugar.

Key features include:

— Unique aspects of diabetes for women throughout the life cycle
— Timetable of recommended tests and check-ups
— Guide to medications with common dosages
— Charts to help organize diabetes-care tasks and supplies
— Time-management tips for better disease regulation
— Guide to contraceptives available to women with diabetes
— Review of issues critical to women before, during, and following pregnancy
— Advice for overcoming barriers to weight loss and exercise
— Plan for intelligent diet trade-offs while still enjoying meals
— Practical tips for planning exercise
— Strategies to avoid diabetes “burn-out”

Written by two physicians (one of whom is a woman living with diabetes) and an experienced medical writer, Every Woman’s Guide to Diabetes recognizes the power that women have in their households to effect lifestyle changes that will benefit themselves and loved ones, including their mothers, daughters, sisters, and partners. This power can reduce the toll of the diabetes epidemic.

This is a relatively brief, interpretive treatment of the man whom Bakunin called “the greatest conspirator of the century” but whom most English-speaking scholars know, if at all, as an obscure, misspelled name. This is the only English biography of Buonarroti and the only book in any language to treat him as “the first professional revolutionist.” It provides a detailed historiographical analysis of recent Italian Buonarrotian research, bearing on a wide variety of different special aspects of modern European history. It throws light on the conspiratorial underground of the early nineteenth century, on the relationship between the French Revolution and nineteenth century radical movements, on the historiography of the French Revolution, and on the development of the ideology of the totalitarian Left. Perhaps the main contribution made by this study is to provide precise factual data on aspects of pre-Marxian radicalism that have been heretofore treated in a vague, overgeneralized fashion.

Buonarroti is regarded as the focal point for a preliminary investigation into the origins of an important but neglected profession which developed during the early nineteenth century. In the introduction, a distinction is drawn between the “amateur” revolutionist—the doctor, lawyer, or merchant who played a prominent role in various particular revolutions—and the frequently unemployed professional who attempted to create a situation that would make possible the practice of his craft and who had a vested interest in “revolution” in general but did not necessarily play a part in any particular revolution.

In the following chapters, the entire course of Buonarroti’s long career is surveyed chronologically, in an effort to account for the emergence of this new type of man. He is viewed as a youthful disciple of Rousseau, studying law at the University of Pisa; as a follower of Robespierre who served as a Jacobin agent in Corsica and Oneglia and was granted French citizenship by the National Convention; as a colleague of Babeuf and later author of the classic account of the Conspiracy of the Equals; as a political prisoner during the Empire who was involved in anti-Bonapartist plots; as the arch-conspirator whose agents infiltrated the revolutionary secret societies of Metternich’s Europe; as Mazzini’s rival in the Risorgimento; and finally, as the patriarch venerated by radical Frenchmen, who indoctrinated a new generation of young Parisians while directing political propaganda and agitation against the Orleanist Regime and reshaping the mythology of the French Revolution. At each of these stages of Buonarroti’s career, his ideological orientation is analyzed, his present position in historiography examined, and his actual historical contribution suggested.

The concluding chapter offers a reappraisal of the historical significance of Buonarroti’s life and work. As a secular fundamentalist who took the words of the eighteenth-century philosophers literally and as a devout Jacobin who had seen in the First Republic his “heavenly city” materialize on earth, Buonarroti was incapable of coming to terms with the post-Thermidorian world. He achieved a new career by remaining frozen in the heroic pose of 1793 while outliving his times by over four decades. Although he dedicated his life to preparing for the great day that would restore the First Republic and thus shake the world, he failed to accomplish the mission he had set himself. However, he succeeded as a prototype. Others were eventually inspired by his example to adopt a similar vocation, with fateful consequence to all of Western civilization.

The study concludes with a bibliographical essay containing a brief note on the probable role of the Italian Communist Party in stimulating Buonarrotian research in Italy and extensive critical discussion of selected scholarly literature on the various phases of Buonarroti’s career.

Originally published in 1961, The Ideologies of Taxation is a classic of taxation—a long-unavailable volume that remains uniquely applicable today. Louis Eisenstein starts from the idea that the tax system in a democracy is shaped by competing factions, each seeking to minimize its burden. Because few people are convinced by appeals to self-interest, factions must give reasons, which are skillfully elaborated into systems of belief or ideologies.

Eisenstein’s aim is to examine (and debunk) three major ideologies used to justify various reforms of the tax system. The ideology of ability holds that taxes should be apportioned based on ability to pay and that this is properly measured by income or wealth. The ideology of deterrents is concerned with high taxes on private enterprise—low and flat taxes are desired lest the wealthy reduce their work efforts and savings. The ideology of equity is focused on equal treatment of similarly situated individuals. Eisenstein shows, with sharp wit and an instinct for the jugular, how each of these ideologies is plagued with contradictions, incompleteness, and, in some cases, self-serving claims.

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution?

In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty.

Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices.

With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Mostly tiny, infinitely delicate, and short-lived, insects and their relatives--arthropods--nonetheless outnumber all their fellow creatures on earth. How lowly arthropods achieved this unlikely preeminence is a story deftly and colorfully told in this follow-up to the award-winning For Love of Insects. Part handbook, part field guide, part photo album, Secret Weapons chronicles the diverse and often astonishing defensive strategies that have allowed insects, spiders, scorpions, and other many-legged creatures not just to survive, but to thrive.

In sixty-nine chapters, each brilliantly illustrated with photographs culled from Thomas Eisner's legendary collection, we meet a largely North American cast of arthropods--as well as a few of their kin from Australia, Europe, and Asia--and observe at firsthand the nature and extent of the defenses that lie at the root of their evolutionary success. Here are the cockroaches and termites, the carpenter ants and honeybees, and all the miniature creatures in between, deploying their sprays and venom, froth and feces, camouflage and sticky coatings. And along with a marvelous bug's-eye view of how these secret weapons actually work, here is a close-up look at the science behind them, from taxonomy to chemical formulas, as well as an appendix with instructions for studying chemical defenses at home. Whether dipped into here and there or read cover to cover, Secret Weapons will prove invaluable to hands-on researchers and amateur naturalists alike, and will captivate any reader for whom nature is a source of wonder.

Imagine beetles ejecting defensive sprays as hot as boiling water; female moths holding their mates for ransom; caterpillars disguising themselves as flowers by fastening petals to their bodies; termites emitting a viscous glue to rally fellow soldiers--and you will have entered an insect world once beyond imagining, a world observed and described down to its tiniest astonishing detail by Thomas Eisner. The story of a lifetime of such minute explorations, For Love of Insects celebrates the small creatures that have emerged triumphant on the planet, the beneficiaries of extraordinary evolutionary inventiveness and unparalleled reproductive capacity.

To understand the success of insects is to appreciate our own shortcomings, Eisner tells us, but never has a reckoning been such a pleasure. Recounting exploits and discoveries in his lab at Cornell and in the field in Uruguay, Australia, Panama, Europe, and North America, Eisner time and again demonstrates how inquiry into the survival strategies of an insect leads to clarifications beyond the expected; insects are revealed as masters of achievement, forms of life worthy of study and respect from even the most recalcitrant entomophobe. Filled with descriptions of his ingenious experiments and illustrated with photographs unmatched for their combination of scientific content and delicate beauty, Eisner's book makes readers participants in the grand adventure of discovery on a scale infinitesimally small, and infinitely surprising.

This is an Auto-narrated audiobook version of this book.

An in-depth look at how the ideas formulated by the interwar League of Nations shaped American thinking on the modern global order.
 
In Plowshares into Swords, David Ekbladh recaptures the power of knowledge and information developed between World War I and World War II by an international society of institutions and individuals committed to liberal international order and given focus by the League of Nations in Geneva. That information and analysis revolutionized critical debates in a world in crisis. In doing so, Ekbladh transforms conventional understandings of the United States’ postwar hegemony, showing that important elements of it were profoundly influenced by ideas that emerged from international  exchanges. The League’s work was one part of a larger transnational movement that included the United States and which saw the emergence of concepts like national income, gross domestic product, and other attempts to define and improve the standards of living, as well as new approaches to old questions about the role of government. Forged as tools for peace these ideas were beaten into weapons as World War II threatened. Ekbladh recounts how, though the US had never been a member of the organization, vital parts of the League were rescued after the fall of France in 1940 and given asylum at the Institute for Advanced Study in Princeton.  However, this presence in the US is just one reason its already well-regarded economic analyses and example were readily mobilized by influential American and international figures for an Allied “war of ideas,” plans for a postwar world, and even blueprints for the new United Nations. How did this body of information become so valuable? As Ekbladh makes clear, the answer is that information and analysis themselves became crucial currencies in global affairs: to sustain a modern, liberal global order, a steady stream of information about economics, politics, and society was, and remains, indispensable.

The eleventh-century monk Ekkehard IV’s Fortune and Misfortune at Saint Gall, part of the chronicles of the famous Swiss abbey, is a treasure trove of medieval monastic life. Saint Gall’s records span its humble beginnings in the early seventh century to the late Middle Ages, with Ekkehard’s contribution covering the 880s to 972, near the end of the monastery’s two-century-long golden age. Its unforgettable tales, sometimes at odds with the historical record, contain sharp flashes of Ekkehard’s signature humor—when, for instance, a spying abbot from a neighboring monastery is caught hiding in the latrine. Ekkehard also shows how the abbey’s role as a spiritual haven could be compromised by worldly ties, including close associations with the powerful Carolingian and Ottonian courts. He bears witness to the struggles of the tenth-century church reform movement, when Emperor Otto I dispatched investigators to uncover Saint Gall’s deviations from the Rule of Saint Benedict.

This volume publishes the Latin text alongside its first complete English translation.

In Modris Eksteins’s hands, the interlocking stories of Vincent van Gogh and art dealer Otto Wacker reveal the origins of the fundamental uncertainty that is the hallmark of the modern era. Through the lens of Wacker’s sensational 1932 trial in Berlin for selling fake Van Goghs, Eksteins offers a unique narrative of Weimar Germany, the rise of Hitler, and the replacement of nineteenth-century certitude with twentieth-century doubt.

Berlin after the Great War was a magnet for art and transgression. Among those it attracted was Otto Wacker, a young gay dancer turned art impresario. His sale of thirty-three forged Van Goghs and the ensuing scandal gave Van Gogh’s work unprecedented commercial value. It also called into question a world of defined values and standards that had already begun to erode during the war. Van Gogh emerged posthumously as a hero who rejected organized religion and other suspect sources of authority in favor of art. Self-pitying Germans saw in his biography a series of triumphs—over defeat, poverty, and meaninglessness—that spoke to them directly. Eksteins shows how the collapsing Weimar Republic that made Van Gogh famous and gave Wacker an opportunity for reinvention propelled a third misfit into the spotlight. Taking advantage of the void left by a gutted belief system, Hitler gained power by fashioning myths of mastery.

Filled with characters who delight and frighten, Solar Dance merges cultural and political history to show how upheavals of the early twentieth century gave rise to a search for authenticity and purpose.

Fatna El Bouih was first arrested in Casablanca as an 18-year-old student leader with connections to the Marxist movement. Over the next decade she was rearrested, forcibly disappeared, tortured, and transferred between multiple prisons. While imprisoned, she helped organize a hunger strike, completed her undergraduate degree in sociology, and began work on a Master's degree.

Beginning with the harrowing account of her kidnapping during the heightened political tension of the 1970s, Talk of Darkness tells the true story of one woman's struggle to secure political prisoners' rights and defend herself against an unjust imprisonment.

Poetically rendered from Arabic into English by Mustapha Kamal and Susan Slyomovics, Fatna El Bouih's memoir exposes the techniques of state-instigated "disappearance" in Morocco and condemns the lack of laws to protect prisoners' basic human rights.

When the Abbasids overthrew the Umayyad dynasty in 750 CE, an important element in legitimizing their newly won authority involved defining themselves in the eyes of their Islamic subjects. Nadia Maria El Cheikh shows that ideas about women were central to the process by which the Abbasid caliphate, which ushered in Islam’s Golden Age, achieved self-definition.

In most medieval Islamic cultures, Arab Islam stood in opposition to jahl, or the state of impurity and corruption that existed prior to Islam’s founding. Over time, the concept of jahl evolved into a more general term describing a condition of ignorance and barbarism—as well as a condition specifically associated in Abbasid discourse with women. Concepts of womanhood and gender became a major organizing principle for articulating Muslim identity. Groups whose beliefs and behaviors were perceived by the Abbasids as a threat—not only the jahilis who lived before the prophet Muhammad but peoples living beyond the borders of their empire, such as the Byzantines, and heretics who defied the strictures of their rule, such as the Qaramita—were represented in Abbasid texts through gendered metaphors and concepts of sexual difference. These in turn influenced how women were viewed, and thus contributed to the historical construction of Muslim women’s identity.

Through its investigation of how gender and sexuality were used to articulate cultural differences and formulate identities in Abbasid systems of power and thought, Women, Islam, and Abbasid Identity demonstrates the importance of women to the writing of early Islamic history.

Straddling the boundaries of politics and history, this discerning book allows the reader to dig through the rubble of Lebanon's wars and learn exactly what has befallen it. With its remarkable open society, its plural political system, its well-educated and sophisticated peoples, and its tolerant confessional outlook, Lebanon is only now recovering the independence it once had, albeit in the face of Syria. In view of recent Lebanese history, can an open and democratic state be recaptured by a people entangled in a largely authoritarian Arab state system?

Farid el Khazen's arresting book shows how Lebanon was led toward its fate by its neighbors, yet ultimately undid itself. The Palestine Liberation Organization's presence was of central importance to the breakdown of the state, while the porousness of the democratic system could not contain the problems and violence. The breakdown was less a civil war in the conventional sense than a series of little wars with outside interference.

Set in a small village in the Egyptian Delta, El-Bisatie's finely tuned novella illustrates the social and sexual tensions in a community in which nothing is secret and where people's pasts haunt their present.

When Mussad catches the butcher's son Amer with his wife, the whole village knows and waits with bated breath for Mussad to exact his revenge. But something goes wrong. Mussad's ill-planned schemes are choked by an opaque veil of history—his wife's sexual past, the war-torn lives of their families, and the personal allegiances of his friends and enemies. The village women relive private desires and inner fears as the men take sides in the struggle, either to protect Amer from Mussad's wrath or to help Mussad track down and confront his nemesis.

In the words of Denys Johnson-Davies, "El-Bisatie is a writer's writer, which is to say a writer who makes no concession to the lazy reader. El-Bisatie stands back from his canvas and sketches his characters and events with a studied detachment. While there is drama in his stories it is never highlighted. The menace lurks almost unseen between the lines."