ABSTRACT Both Constant and Spencer are moralists who want to encourage individual human perfection. But for Constant, politics has moral value even in a laissez-faire state, whereas for Spencer political participation has no moral value in itself. For Constant, from a moral perspective the historical change from an ancient to a modern conception of liberty is not absolute, and he wishes to retain, in a subordinate role, certain aspects of ancient liberty in modern societies. For Spencer, the historical evolution from (...) militant to industrial society involves the complete separation of politics from any positive moral good. In an industrial society, altruism has no connection with politics, and attempt to bring altruism into politics are not only doomed to failure but iare unjust and therefore immoral. Spencer is a leading figure in the separation of classical liberal thought from perfectionist morality that flourishes in the twentieth century. The separation between classical and modern liberalism that takes place in the fin de siècle is not just a matter of economics – as is shown by the fact that both Spencer and Constant are ardent apostles of laissez-faire – it is above all a question of different attitudes to morality. (shrink)

Part 1. Plan of This Commentary -- From an Epigram by Filangieri against Improvement in the Art of War -- On Encouragements for Agriculture -- On the Conversion of Rulers to Peace -- On the Salutary Revolution Which Filangieri Foresaw -- On the Union of Politics and Legislation -- On the Influence Which Filangieri Attributes to Legislation -- On the State of Nature, the Formation of Society, and the True Goal of Human Associations -- On Errors in Legislation -- Some (...) Remarks by Filangieri on the Decline of Spain -- On Filangieri's Observations about France -- On the Decline Filangieri Predicted for England -- Part 2. Object of this Second Part -- On the Black Slave Trade -- On Population -- Continuation of the Same Subject -- On Malthus's System Relating to Population -- Some Writers Who Have Exaggerated M. Malthus's System -- On a Contradiction by Filangieri -- On the Division of Properties -- On the Grain Trade -- On Agriculture as a Source of Wealth -- On the Protection Given Industry -- A New Proof of Filangieri's Fundamental Mistake -- On Guilds and Masters -- On Privileges for Industry -- On Taxation -- Part 3. On Criminal Prosecution Confided Exclusively to a Magistrate -- On Secret Indictments -- On Denunciation -- New Thoughts on the Idea of Giving Each Citizen the Right to Prosecute -- New Thoughts on the Idea of Giving Each Citizen the Right to Prosecute -- On the Right to Prosecute Given to Servants, When It Is a Question of Crimes against Society -- That the Prosecuting Magistrate Should Be Responsible, If Not for the Truth, at Least for the Legitimacy of the Accusation -- On Prisons -- On the Shortening of Legal Procedures -- On Defense Witnesses -- On Judgment by Juries -- On the Death Penalty -- On Convict Labor -- On Deportation -- Part 4. On Education -- On Religion -- Of the Growth of Polytheism -- On the Priesthood -- On the Mysteries -- Conclusion. (shrink)

It has been nearly fifty years since the collapse of the Nazi regime; is there any longer a point to presenting for the apprehension and prosecution of surviving Nazi war criminals? In this carefully argued book, Alan Rosenbaum makes it clear that there is. This book is an important contribution to Jewish and Holocaust studies, to political and social thought, and to moral theory, arguing that we must continue to pursue the prosecutorial agenda as an investment in the moral (...) climate in which we wish to live. (shrink)

Liberalism has been one of the leading incarnations of political thought for the past two centuries and it was also the first form of political theory to acquire a truly global reach. This volume examines the work of the most pivotal thinkers in the liberal tradition, starting with Montesquieu and proceeding to a wide range of authors from the French Revolution to the present. The book is distinctive in encompassing the wide spectrum of views historically encompassed by liberalism, revealing its (...) geographical as well as intellectual scope by including conceptions of liberalism formed in Latin America, the Middle East and Asia. Twenty-four chapters cover thinkers including Madame de Stael, Alexis de Tocqueville, Abraham Lincoln, John Stuart Mill Ahmad Faris al-Shidyaq, John Dewey, Hu Shih, Hannah Arendt and John Rawls. Each chapter offers a commentary on a short critical passage from the author concerned. Essayists use their chosen passage to explore the meaning and significance of the author's work for both the historical tradition of liberalism and for political thought more generally. The book is organized chronologically, building up a richly detailed overview of the tradition of liberalism and its key writings. The book will be an indispensible companion to courses on liberal thought, on political ideologies and on the history of political thought and will be of interest to students and scholars of politics, philosophy and history. (shrink)

'Miller's writing style makes the book easy to pick up and difficult to put down. Written at a level appropriate for advanced undergraduates, it is an important and valuable acquisition for academic libraries.' |s CHOICE.

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. Choice In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume (...) of original essays reviews the foundations of constitutionalism in classical liberal thought and looks at contemporary philosophical perspectives on a wide range of constitutional issues. Written by a distinguished group of philosophers and constitutional scholars, it provides a deeper understanding of the U.S. Constitution as a political instrument and examines the idea of constitutionalism as it functions in our modern world. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is merely accidental and hence, (...) not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)