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In a Bad State: Responding to State and Local Budget Crises
by David SchleicherAn authoritative review of the long history of federal responses to state and local budget crises, from Alexander Hamilton through the COVID-19 pandemic, that reveals what is at stake when a state or city can't pay its debts and provides policy solutions to an intractable American problem. What should the federal government do if a state like Illinois or a city like Chicago can't pay its debts? From Alexander Hamilton's plan to assume state debts to Congress's efforts to respond to the COVID-19 pandemic, many of the most important political disputes in American history have involved federal government responses to state or local fiscal crises. In a Bad State provides the first comprehensive historical and theoretical analysis of how the federal government has addressed subnational debt crises. Tracing the long history of state and local borrowing, David Schleicher argues that federal officials want to achieve three things when a state or city nears default: prevent macroeconomic distress, encourage lending to states and cities to build infrastructure, and avoid creating incentives for reckless future state budgeting. But whether they demand state austerity, permit state defaults, or provide bailouts-and all have been tried-federal officials can only achieve two of these three goals, at best. Rather than imagining that there is a single easy federal solution, Schleicher suggests some ways the federal government could ameliorate the problem by conditioning federal aid on future state fiscal responsibility, spreading losses across governments and interests, and building resilience against crises into federal spending and tax policy. Authoritative and accessible, In a Bad State offers a guide to understanding the pressing fiscal problems that local, state, and federal officials face, and to the policy options they possess for responding to crises.
In and Out of View: Art and the Dynamics of Circulation, Suppression, and Censorship
by Catha Paquette, Karen Kleinfelder, and Christopher MilesIn and Out of View represents a significant contribution to the literature on censorship. The twenty-two components of this anthology, which include essays, interviews, and statements by over forty contributors from diverse backgrounds and practices, focus on art production and reception from the mid-twentieth century to the present in the Americas, Africa, Asia, Europe, and the Middle East. At issue are not only governmental restrictions but also discursive effects, such as erasure and distortion resulting from institutional policies, interpretive methods, and canonical processes. Crucial considerations concerning death, violence, authoritarianism, colonialism, labor, global capitalism, immigration, race, religion, sexuality, social justice, activism, disability, campus speech, and cultural destruction are highlighted. The volume, which models an expansion in how censorship is discursively framed, invites consideration of the shifting contexts, values, and needs through which artwork moves in and out of view.
In and Out of View: Art and the Dynamics of Circulation, Suppression, and Censorship
In and Out of View represents a significant contribution to the literature on censorship. The twenty-two components of this anthology, which include essays, interviews, and statements by over forty contributors from diverse backgrounds and practices, focus on art production and reception from the mid-twentieth century to the present in the Americas, Africa, Asia, Europe, and the Middle East. At issue are not only governmental restrictions but also discursive effects, such as erasure and distortion resulting from institutional policies, interpretive methods, and canonical processes. Crucial considerations concerning death, violence, authoritarianism, colonialism, labor, global capitalism, immigration, race, religion, sexuality, social justice, activism, disability, campus speech, and cultural destruction are highlighted. The volume, which models an expansion in how censorship is discursively framed, invites consideration of the shifting contexts, values, and needs through which artwork moves in and out of view.
In and Out: Rights of Migrants in the European Space (UNIPA Springer Series)
by Francesco Lo Piccolo Annalisa Mangiaracina Giuseppe Paternostro Vincenzo TodaroThis book examines contemporary migratory movements, starting from the European zone, but with an extension to other territorial contexts as well, with research orientation that focuses on the account of the migratory experiences collected in the research activity of the different authors, according to a multidisciplinary dimension. Starting from these key topics, the authors articulated and further developed its reflections through its own experiences at the national and international level, taking root within the current scientific debate on migration. The interdisciplinary approach and the different and innovative ways of analysing in depth the thematic contents of the migration phenomenon have made it possible to identify some key research questions. The relative answers find space in the articulated and complex system of contributions that is developed within this book and in particular in the three thematic parts into which it is divided. The first one deals with the theme of migration confronted with issues related to the 'right to the city' and the 'right to housing'; the second one deals with issues related to human rights; finally, the third one focuses on the different narratives of migrants' life experiences and aspects related to the linguistic representation of the urban space.
In The Beginning: In The Beginning (G - Reference,information And Interdisciplinary Subjects Ser.)
by Simon EdgeFrom the author of The End of the World is FlatWhen Tara Farrier swaps her life as an aid worker in war-torn Yemen for a London-based consultancy with a US charity, she’s hoping for a well-deserved rest. But a lot has happened while she’s been away, and she’s unprepared for the sensitivities of her new American colleagues, many of whom are in the sway of a hippie-ish cult that says the world was created 10,000 years ago by a First Nation potter goddess. Tara’s outspoken belief in traditional earth science causes offence and she is fired. But she refuses to go quietly and becomes a global cause célèbre. As she is publicly vilified, her supporters muster for a fightback, using the dinosaur as their symbol of resistance. Meanwhile, questions abound. Which ‘First Nation’ does the goddess actually belong to? And what is the role of conspiracy theorist hoaxer XAnon in the whole affair?With allusions galore to his acclaimed bestseller The End of the World is Flat, Simon Edge stabs once again at modern crank beliefs with stiletto-sharp satire.
In Between and Across: Legal History Without Boundaries
by Kenneth W. Mack and Jacob Katz CoganThe boundaries between the history of law and the history of everything else are quite blurry nowadays. Whether one is asking questions about the origins of the carceral state, the relationship between slavery and capitalism, the history of migration flows and empires, the longer story of human rights, the building of the straight state, the role of religion in public life, or many others, there is a shared belief that law and its history matters. In fact, legal historians began to focus on the blurring of boundaries such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital and ideas around the world. Legal history, broadly conceived, seems to mark much of the most exciting work that is redrawing the boundaries of historical scholarship in many areas of study. In Between and Across: Legal History without Boundaries gathers some of the newest and freshest work by both younger and established scholars who are carrying forward that project and extending it into new areas of historical inquiry. It captures the best of the new and innovative tools and questions that have made law a central plane of inquiry, charts novel directions for the field, and poses broader questions concerning the past, present, and future. Crossing a wide variety of geographic areas (from British-ruled Australia to colonial India and Malaysia, to the United States), the authors sketch new boundaries for the field to cross - boundaries of time, geography, and method - and claim that legal history provides the language to talk across national borders.
In Between and Across: Legal History Without Boundaries
The boundaries between the history of law and the history of everything else are quite blurry nowadays. Whether one is asking questions about the origins of the carceral state, the relationship between slavery and capitalism, the history of migration flows and empires, the longer story of human rights, the building of the straight state, the role of religion in public life, or many others, there is a shared belief that law and its history matters. In fact, legal historians began to focus on the blurring of boundaries such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital and ideas around the world. Legal history, broadly conceived, seems to mark much of the most exciting work that is redrawing the boundaries of historical scholarship in many areas of study. In Between and Across: Legal History without Boundaries gathers some of the newest and freshest work by both younger and established scholars who are carrying forward that project and extending it into new areas of historical inquiry. It captures the best of the new and innovative tools and questions that have made law a central plane of inquiry, charts novel directions for the field, and poses broader questions concerning the past, present, and future. Crossing a wide variety of geographic areas (from British-ruled Australia to colonial India and Malaysia, to the United States), the authors sketch new boundaries for the field to cross - boundaries of time, geography, and method - and claim that legal history provides the language to talk across national borders.
In Black and White: A Young Barrister's Story of Race and Class in a Broken Justice System
by Alexandra Wilson'An absolute triumph; a compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER Alexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAH'The personal narrative of a young female lawyer of mixed heritage who is defying the soft bigotry of low expectations by sharing her journey inspires us all to do the same in our own way, and this is a powerful message which needs to be shared.' DR TUNDE OKEWALE MBE, FOUNDER OF URBAN LAWYERS
In Brown's Wake: Legacies of America's Educational Landmark (Law and Current Events Masters)
by Martha MinowWhat is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.
In Brown's Wake: Legacies of America's Educational Landmark (Law and Current Events Masters)
by Martha MinowWhat is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.
In Crime's Archive: The Cultural Afterlife of Evidence
by Katherine BiberThis book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its ‘afterlife’, criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice – the assumption that justice must be seen to be done – and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.
In Crime's Archive: The Cultural Afterlife of Evidence
by Katherine BiberThis book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its ‘afterlife’, criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice – the assumption that justice must be seen to be done – and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.
In Defence of Open Society: The Legendary Philanthropist Tackles the Dangers We Must Face for the Survival of Civilisation
by George Soros'Soros has become a standard bearer for liberal democracy' Financial TimesGeorge Soros - universally known for his philanthropy, progressive politics and investment success, and now under sustained attack from the far right, nationalists, and anti-Semites around the world - gives an impassioned defence of his core belief in open society.George Soros is among the world's most prominent public figures. He is one of the history's most successful investors and his philanthropy, led by the Open Society Foundations, has donated over $14 billion to promote democracy and human rights in more than 120 countries. But in recent years, Soros has become the focus of sustained right-wing attacks in the United States and around the world based on his commitment to open society, progressive politics and his Jewish background. In this brilliant and spirited book, Soros offers a compendium of his philosophy, a clarion call-to-arms for the ideals of an open society: freedom, democracy, rule of law, human rights, social justice, and social responsibility as a universal idea. In this age of nationalism, populism, anti-Semitism, and the spread of authoritarian governments, Soros's mission to support open societies is as urgent as it is important.
In Defense of a Political Court
by Terri Jennings PerettiCan the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
In Defense of a Political Court
by Terri Jennings PerettiCan the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
In Defense of Animals: The Second Wave (Wiley Desktop Editions Ser.)
by Peter SingerBringing together new essays by philosophers and activists, In Defense of Animals: The Second Wave highlights the new challenges facing the animal rights movement. Exciting new collection edited by controversial philosopher Peter Singer, who made animal rights into an international concern when he first published In Defence of Animals and Animal Liberation over thirty years ago Essays explore new ways of measuring animal suffering, reassess the question of personhood, and draw highlight tales of effective advocacy Lays out “Ten Tips for Activists”, taking the reader beyond ethical theory and into the day-to-day campaigns for animal rights
In Defense of Animals: The Second Wave
by Peter SingerBringing together new essays by philosophers and activists, In Defense of Animals: The Second Wave highlights the new challenges facing the animal rights movement. Exciting new collection edited by controversial philosopher Peter Singer, who made animal rights into an international concern when he first published In Defence of Animals and Animal Liberation over thirty years ago Essays explore new ways of measuring animal suffering, reassess the question of personhood, and draw highlight tales of effective advocacy Lays out “Ten Tips for Activists”, taking the reader beyond ethical theory and into the day-to-day campaigns for animal rights
In Defense of Dolphins: The New Moral Frontier (Blackwell Public Philosophy Series)
by Thomas I. WhiteHave humans been sharing the planet with other intelligent life for millions of years without realizing it? In Defense of Dolphins combines accessible science and philosophy, surveying the latest research on dolphin intelligence and social behavior, to advocate for their ethical treatment. Encourages a reassessment of the human-dolphin relationship, arguing for an end to the inhuman treatment of dolphins Written by an expert philosopher with almost twenty-years of experience studying dolphins Combines up-to-date research supporting the sophisticated cognitive and emotional capacities of dolphins with entertaining first-hand accounts Looks at the serious questions of intelligent life, ethical treatment, and moral obligation Engaging and thought-provoking
In Defense of Gun Control
by Hugh LaFolletteThe gun control debate is more complex than we often acknowledge. What is often phrased as a single question -- should we have gun control -- Is actually made up of three distinct policy questions. First, who should we permit people to have guns? Second, which guns should be allowed? Thirdly, how should we regulate the acquisition, storage, and carrying of the guns people may legitimately own? To answer these questions we must decide whether (and which) people have a right to bear arms, what kind of right they have, and how stringent that right is. We must also evaluate divergent empirical claims about (a) the role of guns in causing harm, and (b) the degree to which private ownership of guns can protect innocent civilians from attacks by criminals, either in their homes or in public. Hugh LaFollette sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control, and ultimately argues that the US needs far more gun control than we currently have in most jurisdictions.
IN DEFENSE OF GUN CONTROL C
by Hugh LaFolletteThe gun control debate is more complex than we often acknowledge. What is often phrased as a single question -- should we have gun control -- Is actually made up of three distinct policy questions. First, who should we permit people to have guns? Second, which guns should be allowed? Thirdly, how should we regulate the acquisition, storage, and carrying of the guns people may legitimately own? To answer these questions we must decide whether (and which) people have a right to bear arms, what kind of right they have, and how stringent that right is. We must also evaluate divergent empirical claims about (a) the role of guns in causing harm, and (b) the degree to which private ownership of guns can protect innocent civilians from attacks by criminals, either in their homes or in public. Hugh LaFollette sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control, and ultimately argues that the US needs far more gun control than we currently have in most jurisdictions.
In Defense of Juveniles Sentenced to Life: Legal Representation and Juvenile Criminal Justice (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Stuti S. KokkaleraThis book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: “juvenile lifers”. It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison. The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.
In Defense of Juveniles Sentenced to Life: Legal Representation and Juvenile Criminal Justice (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Stuti S. KokkaleraThis book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: “juvenile lifers”. It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison. The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.
In Defense Of Legal Positivism (PDF): Law Without Trimmings
by Matthew H. KramerIn Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, Philip Soper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legal positivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
In Defense of Monopoly: How Market Power Fosters Creative Production
by Richard B. McKenzie Dwight R. LeeIn Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.
In Defense of Moral Luck: Why Luck Often Affects Praiseworthiness and Blameworthiness (Routledge Studies in Ethics and Moral Theory)
by Robert J. HartmanThe problem of moral luck is that there is a contradiction in our common sense ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. For example, two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. We blame the killer driver more than the merely reckless driver, because we believe that the killer driver is more blameworthy. Nevertheless, this idea contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. Thus, our ordinary thinking about moral responsibility implies that the drivers are and are not equally blameworthy. In Defense of Moral Luck aims to make progress in resolving this contradiction. Hartman defends the claim that certain kinds of luck in results, circumstance, and character can partially determine the degree of a person’s blameworthiness. He also explains why there is a puzzle in our thinking about moral responsibility in the first place if luck often affects a person’s praiseworthiness and blameworthiness. Furthermore, the book’s methodology provides a unique way to advance the moral luck debate with arguments from diverse areas in philosophy that do not bottom out in standard pro-moral luck intuitions.