After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system.
The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
According to the reigning competition-driven model of evolution, selfish behaviors that maximize an organism’s reproductive potential offer a fitness advantage over self-sacrificing behaviors—rendering unselfish behavior for the sake of others a mystery that requires extra explanation. Evolution, Games, and God addresses this conundrum by exploring how cooperation, working alongside mutation and natural selection, plays a critical role in populations from microbes to human societies. Inheriting a tendency to cooperate, argue the contributors to this book, may be as beneficial as the self-preserving instincts usually thought to be decisive in evolutionary dynamics.
Assembling experts in mathematical biology, history of science, psychology, philosophy, and theology, Martin Nowak and Sarah Coakley take an interdisciplinary approach to the terms “cooperation” and “altruism.” Using game theory, the authors elucidate mechanisms by which cooperation—a form of working together in which one individual benefits at the cost of another—arises through natural selection. They then examine altruism—cooperation which includes the sometimes conscious choice to act sacrificially for the collective good—as a key concept in scientific attempts to explain the origins of morality. Discoveries in cooperation go beyond the spread of genes in a population to include the spread of cultural transformations such as languages, ethics, and religious systems of meaning.
The authors resist the presumption that theology and evolutionary theory are inevitably at odds. Rather, in rationally presenting a number of theological interpretations of the phenomena of cooperation and altruism, they find evolutionary explanation and theology to be strongly compatible.
This is a book about the interplay of urgent political issues and hotly debated questions of moral philosophy. The controversies it joins are old; but history has given them fresh shape. For example, whether judges should and do make law is now of more practical importance than ever before, as recent presidents have appointed enough justices to the Supreme Court to set its character for a generation.
With forceful style, Ronald Dworkin addresses questions about the Anglo-American legal system as protector of individual rights and as machinery for furthering the common good. He discusses whether judges should make political decisions in hard cases; the balancing of individual rights versus the good of the community; whether a person has the right to do what society views as wrong; and the meaning of equality in any framework of social justice. Dworkin strongly opposes the idea that judges should aim at maximizing social wealth. It is his conviction that the area of discretion for judges is severely limited, that in a mature legal system one can always find in existing law a “right answer” for hard cases.
Dworkin helps us thread our way through many timely issues such as the rights and privileges of the press under the First Amendment. He reviews the Bakke case, which tested affirmative action programs. These essays also examine civil disobedience, especially in nuclear protests, and bring new perspective to the debate over support of the arts.
Above all, this is a book about the interplay between two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle. The concluding essay on press freedom expands the discussion of conflict between principle and policy into a warning. Though some defenders of the press blend the two in order to expand freedom of speech, the confusion they create does disservice to their aim and jeopardizes the genuine and fragile right of free speech. We stand in greater danger of compromising that right than of losing the most obvious policy benefits of powerful investigative reporting and should therefore beware the danger to liberty of confusing the two. The caution is general. If we care so little for principle that we dress policy in its colors when this suits our purpose, we cheapen principle and diminish its authority.
Richard Nixon believed that history would show his administration in the forefront of civil rights progress. What does the record really say about civil rights under Nixon? In a groundbreaking new book, Dean Kotlowski offers a surprising study of an administration that redirected the course of civil rights in America.
Nixon's policymaking recast the civil rights debate from an argument over racial integration to an effort to improve the economic station of disadvantaged groups. Kotlowski examines such issues as school desegregation, fair housing, voting rights, affirmative action, and minority businesses as well as Native American and women's rights. He details Nixon's role, revealing a president who favored deeds over rhetoric and who constantly weighed political expediency and principles in crafting civil rights policy.
In moving the debate from the street to the system, Nixon set civil rights on a path whose merits and results are still debated. Nixon's Civil Rights is a revealing portrait of one of the most enigmatic figures of modern American politics and a major contribution to the study of civil rights in America.
The UN Secretary-General, Kofi Annan, has instructed all UN specialized agencies and other affiliated organizations to consider how their work might advance the cause of human rights around the world. Many of these bodies have taken this call to heart, with a wide range of intergovernmental organizations (IGOs) trying to play a more active role in promoting human welfare.
Power and Principle is a comparative study of how and why IGOs integrate human rights standards into their development operations. It focuses on the process of policy innovation in three UN-related IGOs: the UN Children's Fund (UNICEF,) the World Bank, and the World Health Organization (WHO). In his comprehensive analysis, Joel E. Oestreich uses case studies to demonstrate how their policies have evolved during the past two decades to reflect important human rights considerations.
Drawing on interviews with dozens of staffers from IGOs, Oestreich creates a gripping narrative of the inner workings of these large bureaucracies. In each study he describes how the organization first became interested in human rights standards, how these standards were adopted as a priority, how the organization defined rights in the context of their work, and what a rights-based approach has meant in practice. The book argues that IGOs ought to be seen as capable of meaningful agency in international politics, and describes the nature of that agency. It concludes with an examination of these organizations and their ethical responsibilities as actors on the world stage.
Reflecting the Past is the first English-language study to address the role of historiography in medieval Japan, an age at the time widely believed to be one of irreversible decline. Drawing on a decade of research, including work with medieval manuscripts, it analyzes a set of texts—eight Mirrors—that recount the past in an effort to order the world around them. They confront rebellions, civil war, “China,” attempted invasions, and even the fracturing of the court into two lines. To interrogate the significance for medieval writers of narrating such pasts as a Mirror, Erin Brightwell traces a series of innovations across these and related texts that emerge in the face of disorder. In so doing, she uncovers how a dynamic web of evolving concepts of time, place, language use, and cosmological forces was deployed to order the past in an age of unprecedented social movement and upheaval.
Despite the Mirrors’ common concerns and commitments, traditional linguistic and disciplinary boundaries have downplayed or obscured their significance for medieval thinkers. Through their treatment here as a multilingual, multi-structured genre, the Mirrors are revealed, however, as the dominant mode for reading and writing the past over almost three centuries of Japanese history.
Providing a bold and original rethinking of environmental ethics, Ben Minteer's Refounding Environmental Ethics will help ethicists and their allies resolve critical debates in environmental policy and conservation practice.
Minteer considers the implications of John Dewey's pragmatist philosophy for environmental ethics, politics, and practice. He provides a new and compelling intellectual foundation for the field—one that supports a more activist, collaborative and problem-solving philosophical enterprise.
Combining environmental ethics, democratic theory, philosophical pragmatism, and the environmental social sciences, Minteer makes the case for a more experimental, interdisciplinary, and democratic style of environmental ethics—one that stands as an alternative to the field's historically dominant “nature-centered” outlook.
Minteer also provides examples of his pragmatic approach in action, considering a wide range of application and issues, including invasive species, ecological research, biodiversity loss, protected area management, and conservation under global climate change.
Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike.
In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.
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