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After the New Atheist Debate
by Phil RyanThe first decade of the twenty-first century saw a number of best-selling books which not only challenged the existence of god, but claimed that religious faith was dangerous and immoral. The New Atheists, as writers such as Richard Dawkins, Christopher Hitchens, Sam Harris, and Daniel Dennett have become known, sparked a vicious debate over religion's place in modern society.In After the New Atheist Debate, Phil Ryan offers both an elegant summary of this controversy and a path out of the cul-de-sac that this argument has become. Drawing on the social sciences, philosophy, and theology, Ryan examines the claims of the New Atheists and of their various religious and secular opponents and finds both sides wanting.Rather than the mutual demonization that marks the New Atheist debate, Ryan argues that modern society needs respectful ethical dialogue in which citizens present their points of view and seek to understand the positions of others. Lucidly written and clearly argued, After the New Atheist Debate is a book that brings welcome clarity and a solid path to the often contentious conversation about religion in the public sphere.
After the Paris Attacks: Responses in Canada, Europe, and around the Globe
by Edward M. Iacobucci Stephen J. ToopeThe violent attacks on journalists at Charlie Hebdo and shoppers in a Jewish supermarket in Paris in January 2015 raise important questions concerning security, terrorism, and the role of the media in fostering public debate about multiculturalism and freedom of expression. After the Paris Attacks brings together a group of leading scholars, journalists, and political observers to explore how the world reacted to these events and to examine what opportunities exist for a saner and safer future. This timely, interdisciplinary volume presents perspectives from experts in fields such as law, political science, philosophy, and international relations, as well as from the media, offering penetrating insights into how the world can and should respond to the challenge of recent events.
After the War on Crime: Race, Democracy, and a New Reconstruction
by Jonathan Simon Mary Louise Frampton Ian Haney LopezSince the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.
After They Closed the Gates: Jewish Illegal Immigration to the United States, 1921-1965
by Libby GarlandIn 1921 and 1924, the United States passed laws to sharply reduce the influx of immigrants into the country. By allocating only small quotas to the nations of southern and eastern Europe, and banning almost all immigration from Asia, the new laws were supposed to stem the tide of foreigners considered especially inferior and dangerous. However, immigrants continued to come, sailing into the port of New York with fake passports, or from Cuba to Florida, hidden in the holds of boats loaded with contraband liquor. Jews, one of the main targets of the quota laws, figured prominently in the new international underworld of illegal immigration. However, they ultimately managed to escape permanent association with the identity of the OC illegal alienOCO in a way that other groups, such as Mexicans, thus far, have not. Ina"After They Closed the Gates, a"Libby Garland tells the untold stories of the Jewish migrants and smugglers involved in that underworld, showing how such stories contributed to growing national anxieties about illegal immigration. Garland also helps us understand how Jews were linked to, and then unlinked from, the specter of illegal immigration. By tracing this complex history, Garland offers compelling insights into the contingent nature of citizenship, belonging, and Americanness. "
After Trump: Reconstructing The Presidency
by Bob Bauer Jack GoldsmithIn After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era.In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. <P><P>Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms.After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world’s most powerful office.It’s hard to imagine two better co-authors for the task. Both served in senior executive branch positions—in the administrations of Barack Obama and George W. Bush, respectively—and have written widely on the presidency.Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic.Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.
After Violence: Transitional Justice, Peace, and Democracy
by Elin Skaar Camila Gianella Malca Trine EideAfter Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
After Virtue: A Study in Moral Theory (3rd edition)
by Alasdair MacintyreIn this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery.
After War Ends
by Larry MayThere is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies.
Afterlives of Data: Life and Debt under Capitalist Surveillance
by Mary F.E. EbelingWhat our health data tell American capitalism about our value—and how that controls our lives.Afterlives of Data follows the curious and multiple lives that our data live once they escape our control. Mary F. E. Ebeling's ethnographic investigation shows how information about our health and the debt that we carry becomes biopolitical assets owned by healthcare providers, insurers, commercial data brokers, credit reporting companies, and platforms. By delving into the oceans of data built from everyday medical and debt traumas, Ebeling reveals how data about our lives come to affect our bodies and our life chances and to wholly define us.Investigations into secretive data collection and breaches of privacy by the likes of Cambridge Analytica have piqued concerns among many Americans about exactly what is being done with their data. From credit bureaus and consumer data brokers like Equifax and Experian to the secretive military contractor Palantir, this massive industry has little regulatory oversight for health data and works to actively obscure how it profits from our data. In this book, Ebeling traces the health data—medical information extracted from patients' bodies—that are digitized and repackaged into new data commodities that have afterlives in database lakes and oceans, algorithms, and statistical models used to score patients on their creditworthiness and riskiness. Critical and disturbing, Afterlives of Data examines how Americans' data about their health and their debt are used in the service of marketing and capitalist surveillance.
Aftermath: Deportation Law and the New American Diaspora
by Daniel KanstroomSince 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status--as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid. " In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U. S. communities, and the countries that must process and repatriate ever-increasing numbers of U. S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U. S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.
Against Authority: Freedom and the Rise of the Surveillance States
by John Twelve HawksIn both his novels and in his 2005 essay, How We Live Now, John Twelve Hawks was one of the first authors to warn us about the growing power of surveillance technology. Now he has written a personal and controversial book that shows how our lives are watched and analyzed by governments and international corporations. In a world in which our actions can be monitored by a computerized grid of social control, is there anything we can do to defend our freedom?
Against Better Judgment: Akrasia in Anthropological Perspectives (WYSE Series in Social Anthropology #14)
by Patrick McKearney Nicholas H.A. EvansAnthropologists have long explained social behaviour as if people always do what they think is best. But what if most of these explanations only work because they are premised upon ignoring what philosophers call 'akrasia' – that is, the possibility that people might act against their better judgment? The contributors to this volume turn an ethnographic lens upon situations in which people seem to act out of line with what they judge, desire and intend. The result is a robust examination of how people around the world experience weaknesses of will, which speaks to debates in both the anthropology of ethics and moral philosophy.
Against Bioethics
by Jonathan BaronGovernments, health professionals, patients, research institutions, and research subjects look to bioethicists for guidance in making important decisions about medical treatment and research.
Against Constitutional Originalism: A Historical Critique (Yale Law Library Series in Legal History and Reference)
by Jonathan GienappA detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists’ use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists’ unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution’s meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.
Against Constitutionalism
by Martin LoughlinA critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Against Dharma: Dissent in the Ancient Indian Sciences of Sex and Politics (The Terry Lectures Series)
by Wendy DonigerAn esteemed scholar of Hinduism presents a groundbreaking interpretation of ancient Indian texts and their historic influence on subversive resistance Ancient Hindu texts speak of the three aims of human life: dharma,artha, and kama. Translated, these might be called religion, politics, and pleasure, and each is held to be an essential requirement of a full life. Balance among the three is a goal not always met, however, and dharma has historically taken precedence over the other two qualities in Hindu life. Here, historian of religions Wendy Doniger offers a spirited and close reading of ancient Indian writings, unpacking a long but unrecognized history of opposition against dharma. Doniger argues that scientific disciplines (shastras) have offered lively and continuous criticism of dharma, or religion, over many centuries. She chronicles the tradition of veiled subversion, uncovers connections to key moments of resistance and voices of dissent throughout Indian history, and offers insights into the Indian theocracy’s subversion of science by religion today.
Against Entrepreneurship: A Critical Examination
by Anders ÖrtenbladThis book explores whether there is reason to be against entrepreneurship. Just like literature on the darker sides of entrepreneurs and entrepreneurship, the book is an answer to the one-sided, overly positive and uncritical image of entrepreneurship. The “twist” in this book, in comparison with literature on dark sides of entrepreneurship, is to explore being against entrepreneurship. From various perspectives such as lexical semantics, Marxism, philosophy of science and psychology, the contributors contemplate on why there may be reason to be against entrepreneurship discourse as well as entrepreneurship practice. Some chapters are based on first-hand empirical data, others are conceptual. The main overall conclusion is that there are some strong arguments for being against entrepreneurship discourse, as well as for being against certain aspects of entrepreneurship practice. Before it is reasonable to be against entrepreneurship practice in total, a convincing and practicable alternative needs to be developed. This book will be valuable reading for entrepreneurship scholars, as well as academics working in the fields of business ethics, (critical) management, and international business.
Against Fairness
by Stephen T. AsmaFrom the school yard to the workplace, there's no charge more damning than "You're being unfair!" Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics--Lady Justice--wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness--indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our "affective community," he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine's Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. Watch an animated book trailer here: http://www. youtube. com/watch?v=GjPhTQ9zi5Q
Against Happiness
by Owen Flanagan Joseph E. LeDoux Bobby Bingle Daniel M. Haybron Batja Mesquita Michele Moody-Adams Songyao Ren Anna Sun Yolonda Y. WilsonThe “happiness agenda” is a worldwide movement that claims that happiness is the highest good, happiness can be measured, and public policy should promote happiness. Against Happiness is a thorough and powerful critique of this program, revealing the flaws of its concept of happiness and advocating a renewed focus on equality and justice.Written by an interdisciplinary team of authors, this book provides both theoretical and empirical analysis of the limitations of the happiness agenda. The authors emphasize that this movement draws on a parochial, Western-centric philosophical basis and demographic sample. They show that happiness defined as subjective satisfaction or a surplus of positive emotions bears little resemblance to the richer and more nuanced concepts of the good life found in many world traditions. Cross-cultural philosophy, comparative theology, and social and cultural psychology all teach that cultures and subcultures vary in how much value they place on life satisfaction or feeling happy. Furthermore, the ideas promoted by the happiness agenda can compete with rights, justice, sustainability, and equality—and even conceal racial and gender injustice.Against Happiness argues that a better way forward requires integration of cross-cultural philosophical, ethical, and political thought with critical social science. Ultimately, the authors contend, happiness should be a secondary goal—worth pursuing only if it is contingent on the demands of justice.
Against Her Will
by Ronald J. WatkinsRichard and Victoria Tinyes feared the worst when their thirteen-year-old daughter Kelly Ann vanished from their quiet suburban community of Valley Stream, New York on March 3, 1989. But the nightmare to come was worse than they could ever imagine. Only five doors away, in the home of John and Elizabeth Golub, police found Kelly Ann's body stuffed in a plastic garbage bag. She'd been brutally beaten, stabbed, strangled and mutilated. After weeks of intense investigation, police arrested the Golubs' twenty-one-year--old son. Robert--a reclusive young man obsessed with bodybuilding and given to fits of rage. The sensational trial and subsequent conviction of Robert Golub shocked the nation and tore the once-peaceful community apart. Neighbors took sides. So did the media. And no one who lived on Horton Road would ever be the same.
Against Injustice: The New Economics of Amartya Sen
by Reiko Gotoh Paul DumouchelTraditional theories of justice as formulated by political philosophers, jurists and economists have all tended to see injustice as simply a breach of justice, a breakdown of the normal order. Amartya Sen's work acts as a corrective to this tradition by arguing that we can recognise patent injustices, and come to a reasoned agreement about the need to remedy them, without reference to an explicit theory of justice. Against Injustice brings together distinguished academics from a variety of different fields - including economics, law, philosophy and anthropology - to explore the ideas underlying Sen's critique of traditional approaches to injustice. The centrepiece of the book is the first chapter by Sen in which he outlines his conception of the relationship between economics, ethics and law. The rest of the book addresses a variety of theoretical and empirical issues that relate to this conception, concluding with a response from Sen to his critics.
Against Judicial Activism
by Rory LeishmanAgainst Judicial Activism cites numerous cases to support this argument. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 to a transsexual man in compensation for refusing to admit him into a training course for rape crisis counsellors.
Against Moral Responsibility
by Bruce N. WallerA vigorous attack on moral responsibility in all its forms argues that the abolition of moral responsibility will be liberating and beneficial.In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility.Waller argues that moral responsibility in all its forms—including criminal justice, distributive justice, and all claims of just deserts—is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want—natural human free will, moral judgments, meaningful human relationships, creative abilities—would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition.
Against Moral Responsibility
by Bruce N. WallerIn Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller argues that moral responsibility in all its forms--including criminal justice, distributive justice, and all claims of just deserts--is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want--natural human free will, moral judgments, meaningful human relationships, creative abilities--would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition.
Against Obligation
by Abner S. GreeneDo citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.