Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Among the most influential parts of the philosophy of G.W.F. Hegel (1770-1831) were his ethics, his theory of the state, and his philosophy of history. The Philosophy of Right (Grundlinien der Philosophie des Rechts) (1821), the last work published in Hegel's lifetime, is a combined system of moral and political philosophy, or a sociology dominated by the idea of the state. Here Hegel repudiates his earlier assessment of the French Revolution as a "a marvelous sunrise" in the realization of liberty. (...) Rejecting the republican form of government, he espouses an idealized form of a constitutional monarchy, whose ultimate power rests with the sovereign. (shrink)

I Introduction i Actions which otherwise would be arbitrary or capricious may be quite reasonable when they are in fact cases in which rights are being ...

Liberalism is commonly believed, especially by its exponents, to be opposed to interference by way of enforcing value judgments or concerning itself with the individual's morality. My concern is to show that this is not so and that liberalism is all the better for this. Many elements have contributed to liberal thought as we know it today, the major elements being the liberalism of which Locke is the most celebrated exponent, which is based upon a belief in natural, human rights; (...) the liberalism of which Kant is the best known exponent, which is based on respect for persons as ends in themselves; and the liberalism of Bentham and the Mills, which is based upon utilitarian ethical theories and most especially with concern for pleasure and the reduction of pain. These different elements of liberalism have led to different emphases and different political and social arrangements, but all have involved a concern to safeguard values and to use force to that end. Today they constitute strands of thought which go to make up liberal thought as we now know it, hence it is not simply a historical fact about liberalism, but a fact about its philosophical basis, that liberalism is firmly involved in certain value and moral commitments. In the remainder of this paper I shall seek to bring this out. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” if P had not wanted (...) Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” if P had not wanted (...) Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.

In American legal journals over the last decade there were hundreds of pages of articles worrying over threats to justice and freedom arising from the power to withhold benefits. Government officials have tremendous discretion to offer or withhold foreign aid, ration-books, government contracts and jobs, welfare subsidies, public housing, tariff protection, academic grants, alien resident status, paroles, or exemption from conscription or combat, from arrest or prosecution or imprisonment. Right-wing economists have worried about welfare-state emphasis on administrative discretion rather than (...) the rule of law. And left-wing economists have worried about the rich man's power to intimidate the poor man by threatening to cut off his productive work. (shrink)

William Connolly presents a lucid and concise defense of the thesis of "essentially contested concepts" that can well be read as a general introduction to political theory, as well as for its challenge to the prevailing understanding of political discourse. In Connolly's view, the language of politics is not a neutral medium that conveys ideas independently formed but an institutionalized structure of meanings that channels political thought and action in certain directions. In the new preface he pursues the implications of (...) this perspective for a distinctive conception of ethics and democracy. (shrink)

The Death of Contract is a masterful commentary on the common law, especially the law of promissory obligation known as contracts. In this slim and lively book, the late Yale law professor Grant Gilmore examines the birth, development, death, and even the resurrection of a body of American law. It is both a modern-day reply to and a funeral oration for an American legal classic-Oliver Wendell Holmes's The Common Law. This new edition, with an instructive and timely foreword by Ronald (...) K. L. Collins, challenges anyone interested in the life of the law to think about where it has come from and where it is tending. As such, The Death of Contract still retains its vitality in the brave new world of the law known as contracts. A new bibliography of early reviews and new responses reveals how considerable the interest was, and continues to be, in this modern anti-classic. (shrink)

In this new and enlarged edition of a standard introduction to moral philosophy, Raphael shows in clear and simple language the connections between abstract ethics and practical problems in law, government, medicine, and the social sciences in general. Moral Philosophy deals with six main areas. First, it looks at the two opposed traditions of naturalism and rationalism, and considers more recent discussion in terms of logic and language. Next, it explores the attractions and defects of Utilitarianism, and then turns to (...) its main rival, Kantian ethics, which Raphael favors in a modified form. The third section shows how different moral views are related to different theories about justice and liberty. The fourth examines the problem of free will and determinism in the context of the presuppositions of science, especially in the social sciences. This second edition enlarges the relation of moral philosophy to other concerns, with two new chapters: one on ethics and evolution, the other on medical ethics. (shrink)