In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

Final thoughts on an ideal constitution.

Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.

In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.

The Loeb Classical Library edition of Plato is in twelve volumes.

Final thoughts on an ideal constitution.

Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.

In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.

The Loeb Classical Library edition of Plato is in twelve volumes.

This last book by the late John Rawls, derived from written lectures and notes for his long-running course on modern political philosophy, offers readers an account of the liberal political tradition from a scholar viewed by many as the greatest contemporary exponent of the philosophy behind that tradition.

Rawls's goal in the lectures was, he wrote, "to identify the more central features of liberalism as expressing a political conception of justice when liberalism is viewed from within the tradition of democratic constitutionalism." He does this by looking at several strands that make up the liberal and democratic constitutional traditions, and at the historical figures who best represent these strands--among them the contractarians Hobbes, Locke, and Rousseau; the utilitarians Hume, Sidgwick, and J. S. Mill; and Marx regarded as a critic of liberalism. Rawls's lectures on Bishop Joseph Butler also are included in an appendix. Constantly revised and refined over three decades, Rawls's lectures on these figures reflect his developing and changing views on the history of liberalism and democracy--as well as how he saw his own work in relation to those traditions.

With its clear and careful analyses of the doctrine of the social contract, utilitarianism, and socialism--and of their most influential proponents--this volume has a critical place in the traditions it expounds. Marked by Rawls's characteristic patience and curiosity, and scrupulously edited by his student and teaching assistant, Samuel Freeman, these lectures are a fitting final addition to his oeuvre, and to the history of political philosophy as well.

Left-leaning political parties play an important role as representatives of the poor and disempowered. They once did so by promising protections from the forces of capital and the market’s tendencies to produce inequality. But in the 1990s they gave up on protection, asking voters to adapt to a market-driven world. Meanwhile, new, extreme parties began to promise economic protections of their own—albeit in an angry, anti-immigrant tone.

To better understand today’s strange new political world, Stephanie L. Mudge’s Leftism Reinvented analyzes the history of the Swedish and German Social Democrats, the British Labour Party, and the American Democratic Party. Breaking with an assumption that parties simply respond to forces beyond their control, Mudge argues that left parties’ changing promises expressed the worldviews of different kinds of experts. To understand how left parties speak, we have to understand the people who speak for them.

Leftism Reinvented shows how Keynesian economists came to speak for left parties by the early 1960s. These economists saw their task in terms of discretionary, politically-sensitive economic management. But in the 1980s a new kind of economist, who viewed the advancement of markets as left parties’ main task, came to the fore. Meanwhile, as voters’ loyalties to left parties waned, professional strategists were called upon to “spin” party messages. Ultimately, left parties undermined themselves, leaving a representative vacuum in their wake. Leftism Reinvented raises new questions about the roles and responsibilities of left parties—and their experts—in politics today.

At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.

What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.

How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.

Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Private correspondence and dubious disquisitions.

Cicero had an affectionate relationship with his only brother, Quintus, down to the closing years of their lives. The letters from Cicero to him in this collection offer an intimate look at their world. Cicero’s close friendship with the intensely intellectual Brutus was signalized by Cicero’s dedication of his prized Orator to Brutus. The correspondence between the two collected here dates from the spring and summer of 43 BC, and it conveys some of the drama of the period following the assassination of Julius Caesar.

Shackleton Bailey also provides in this volume a new text and translation of two invective speeches purportedly delivered in the Senate: Sallust attacking Cicero and Cicero attacking Sallust. These are probably anonymous ancient schoolbook exercises, but have come down to us with the works of Sallust and Cicero. Another work in the same category, the Letter to Octavian ostensibly by Cicero but probably dating from the third or fourth century AD, is included as well. Here too (with text by Shackleton Bailey and revised introduction and translation by M. I. Henderson) is the Handbook of Electioneering, a guide said to be written by Quintus to his brother, advising him on campaigning for the consulship of 63 BC. Whether or not this is genuinely the work of Quintus, it remains an interesting treatise on Roman elections. Letter fragments complete the volume; these were not previously available in the Loeb Classical Library.

Thomas Hobbes laid the theoretical groundwork of the nation-state in Leviathan, his tough-minded treatise of 1651. Leviathan 2.0 updates this classic account to explain how modern statehood took shape between the mid-nineteenth and mid-twentieth centuries, before it unraveled into the political uncertainty that persists today.

Modern states were far from immune to the modernizing forces of war, technology, and ideology. From 1845 to 1880, the United States, Canada, Mexico, and Argentina were all reconstituted through territorial violence. Europe witnessed the unification of Germany and Italy, while Asian nations such as Japan tried to mitigate foreign incursions through state-building reforms. A global wave of revolution at the turn of the century pushed the modernization process further in China, Russia, Iran, and Ottoman Turkey. By the late 1930s, with the rise of the Soviet Union and Nazi Germany, the momentum of history seemed to shift toward war-glorifying totalitarian states. But several variants of the modern state survived World War II: the welfare states of Western democracies; single-party socialist governments; and governments dominated by the military, especially prevalent in Latin America, Asia, and the Middle East.

Toward the end of the twentieth century, all of these forms stood in growing tension with the transformative influences of globalized capitalism. Modern statehood recreated itself in many ways, Charles S. Maier concludes, but finally had to adopt a precarious equilibrium with ever more powerful economic forces.

Like dye cast into water, liberal assumptions color everything American, from ideas about human nature to fears about big government. Not the dreaded “L” word of the 1988 presidential campaign, liberalism in its historical context emerged from the modern faith in free inquiry, natural rights, economic liberty, and democratic government. Expressed in the nation-building acts of revolution and constitution-writing, liberalism both structured and limited Americans’ sense of reality for two centuries.

The nation’s scholars were unable to break away from liberalism’s pervasive hold on the American mind until the last generation—when they recovered the lost world of classical republicanism. Ornate, aristocratic, prescriptive, and concerned with the common good, this form of republicanism held sway among the founding fathers before the triumph of liberal thought, with its simple, egalitarian, rational, and individualistic emphasis. The two concepts, as Joyce Appleby shows, posed choices for eighteenth-century thinkers much as they have divided twentieth-century scholars.

Entering one of the liveliest debates in the scholarly world about our ideological roots, Appleby follows the labyrinthine controversies that these two perspectives have generated in their day and in ours. In doing so, she addresses the tensions that remain to be resolved in the democratic societies of the late twentieth century—the complex relations between individual and community, personal liberty and the common good, aspiration and practical wisdom.

Why do men and women sometimes risk everything to defend their liberties? What motivates principled opposition to the abuse of power? In Liberalism with Honor, Sharon Krause explores honor as a motive for risky and difficult forms of political action. She shows the sense of honor to be an important source of such action and a spring of individual agency more generally.

Krause traces the genealogy of honor, including its ties to conscientious objection and civil disobedience, beginning in old-regime France and culminating in the American civil rights movement. She examines the dangers intrinsic to honor and the tensions between honor and modern democracy, but demonstrates that the sense of honor has supported political agency in the United States from the founders to democratic reformers such as Elizabeth Cady Stanton and Martin Luther King, Jr.

Honor continues to hold interest and importance today because it combines self-concern and personal ambition with principled higher purposes, and so challenges the disabling dichotomy between self-interest and self-sacrifice that currently pervades both political theory and American public life.

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment.

Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Michael Hayes offers a vigorous defense of incrementalism: the theory that the policymaking process typically should involve bargaining, delay, compromise, and, therefore, incremental change. Incrementalism, he argues, is one result of a checks-and-balances system in which politicians may disagree over what we want to achieve as a nation or what policies would best achieve shared goals.

Many political scientists have called for reforms that would facilitate majority rule and more radical policy change by strengthening the presidency at the expense of Congress. But Hayes develops policy typologies and analyzes case studies to show that the policy process works best when it conforms to the tenets of incrementalism. He contends that because humans are fallible, politics should work through social processes to achieve limited ends and to ameliorate—rather than completely solve—social problems. Analyzing the evolution of air pollution policy, the failure of President Clinton’s health care reform in 1994, and the successful effort at welfare reform in 1995-96, Hayes calls for changes that would make incrementalism work better by encouraging a more balanced struggle among social interests and by requiring political outcomes to conform to the rule of law.

Written for students and specialists in politics, public policy, and public administration, The Limits of Policy Change examines in detail a central issue in democratic theory.

Insightful and revealing, Lincoln’s Rise to Eloquence follows Lincoln from his early career through the years-long clashes with Stephen A. Douglas to trace the future president’s evolution as a communicator and politician.

Shortlisted for the Cundill History Prize

“Remarkable and pathbreaking…A radical rethink of colonial historiography and a compelling argument for the reassessment of the historical traditions of Hindustan.”
—Mahmood Mamdani

“The brilliance of Asif’s book rests in the way he makes readers think about the name ‘Hindustan’…Asif’s focus is Indian history but it is, at the same time, a lens to look at questions far bigger.”
—Soni Wadhwa, Asian Review of Books

“Remarkable…Asif’s analysis and conclusions are powerful and poignant.”
—Rudrangshu Mukherjee, The Wire

“A tremendous contribution…This is not only a book that you must read, but also one that you must chew over and debate.”
—Audrey Truschke, Current History

Did India, Pakistan, and Bangladesh have a shared regional identity prior to the arrival of Europeans in the late fifteenth century? Manan Ahmed Asif tackles this contentious question by inviting us to reconsider the work and legacy of the influential historian Muhammad Qasim Firishta, a contemporary of the Mughal emperors Akbar and Jahangir. Inspired by his reading of Firishta and other historians, Asif seeks to rescue our understanding of the region from colonial narratives that emphasize difference and division.

Asif argues that a European understanding of India as Hindu has replaced an earlier, native understanding of India as Hindustan, a home for all faiths. Turning to the subcontinent’s medieval past, he uncovers a rich network of historians of Hindustan who imagined, studied, and shaped their kings, cities, and societies. The Loss of Hindustan reveals how multicultural Hindustan was deliberately eclipsed in favor of the religiously partitioned world of today. A magisterial work with far reaching implications, it offers a radical reinterpretation of how India came to its contemporary political identity.

Historically, it has been assumed that war is violence and declarations of war are simply public announcements that serve to initiate combat. Brien Hallett denies both assumptions and claims that war is policy, not violence.

The Lost Art of Declaring War analyzes the crucial differences between combat and war and convincingly argues that the power to "declare" war is in actuality the power to compose a text, draft a document, write a denunciation. Once written, the declaration then serves three functions: to articulate the political purposes of the war, to guide and direct military operations, and to establish the boundary between justified combat and unjustified devastation.

Hallett sounds a clarion call urging the people and their representatives to take up the challenge and write fully reasoned declarations of war. Then, and only then, can a civilized nation like the United States lay claim to being fully democratic, not only in peacetime, but in wartime as well.