Elster proposes a normative theory of collective decision making, inspired by Jeremy Bentham but not including his utilitarian philosophy. The central proposal is that in designing democratic institutions one should reduce as much as possible the impact of self-interest, passion, prejudice and bias on the decision makers, and then let the chips fall where they may. There is no independently defined good outcome that institutions can track, nor is there any way of reliably selecting good de...

In his acclaimed #1 New York Times bestseller, Mark R. Levin explores the psychology, motivations, and history of the utopian movement, its architects—the Founding Fathers, and its modern-day disciples—and how the individual and American society are being devoured by it.Levin asks, what is this utopian force that both allures a free people and destroys them? Levin digs deep into the past and draws astoundingly relevant parallels to contemporary America fro...

From #1 New York Times bestselling author and radio host Mark R. Levin comes a searing plea for a return to America’s most sacred values.In Rediscovering Americanism, Mark R. Levin revisits the founders’ warnings about the perils of overreach by the federal government and concludes that the men who created our country would be outraged and disappointed to see where we've ended up.Levin returns to the impassioned question he's explored in e...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet us...

An esteemed philosopher offers a vision for the central role of one of our most cherished—and controversial—ideas.In this rigorous distillation of his political philosophy, Philip Pettit, author of the landmark work Republicanism, champions a simple standard for our most complex political judgments, offering a challenging ideal that nevertheless holds out a real prospect for social and democratic progress.Whereas many thinkers define freedom as the...

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...

Democracy is established as a generally uncontested ideal, while regimes inspired by this form of government fall under constant criticism. Hence, the steady erosion of confidence in representatives that has become one of the major political issues of our time. Amidst these challenges, the paradox remains that while citizens are less likely to make the trip to the ballot box, the world is far from entering a phase of general political apathy. Demonstrations and activism abound in the stree...

No one has ever described American democracy with more accurate insight or more profoundly than Alexis de Tocqueville. After meeting with Americans on extensive travels in the United States, and intense study of documents and authorities, he authored the landmark Democracy in America, publishing its two volumes in 1835 and 1840. Ever since, this book has been the best source for every serious attempt to understand America and democracy itself. Yet Tocqueville himself remains a mys...

Political representation lies at the core of modern politics. Democracies, with their vast numbers of citizens, could not operate without representative institutions. Yet relations between the democratic ideal and the everyday practice of political representation have never been well defined and remain the subject of vigorous debate among historians, political theorists, lawyers, and citizens. In this volume, an eminent group of scholars move forward the debates about political representat...