Political Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

Amoral, cunning, ruthless, and instructive, this piercing work distills 3,000 years of the history of power into 48 well-explicated laws. This bold volume outlines the laws of power in their unvarnished essence, synthesizing the philosophies of Machiavelli, Sun Tzu, Carl von Clausewitz, and other infamous strategists. The 48 Laws of Power will fascinate any listener interested in gaining, observing, or defending against ultimate control.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

First published as a pamphlet in 1850 in response to the socialist-communist plans and ideas being adopted in France at that time, The Law remains equally relevant today, as the same ideas are now sweeping America.

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction audiobook, Raymond Wacks analyzes the nature and purpose of the legal system and the practice by courts, lawyers, and judges.

Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.

Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else.

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.

The Law was originally published as a pamphlet in French in 1850 by Frederic Bastiat. It is his most famous work and was written two years after the third French Revolution of 1848. It defines, through development, a just system of laws and then demonstrates how such law facilitates a free society. Bastiat was a French classical liberal theorist, political economist, and member of the French assembly.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict.

In this groundbreaking history of the modern American metropolis, Richard Rothstein explodes the myth that America's cities came to be racially divided through de facto segregation - that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, he incontrovertibly makes clear that it was de jure segregation - the laws and policy decisions passed by local, state, and federal governments - that actually promoted the discriminatory patterns that continue to this day.

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written - the one that had established a federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states.

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.

Although Roe v. Wade identified abortion as a constitutional right 45 years ago, it still bears stigma - a proverbial scarlet A. In public discussion, both proponents and opponents of abortion's legality tend to focus on extraordinary cases. This tendency keeps the national debate polarized and contentious. Professor Katie Watson focuses instead on the cases that happen the most, which she calls "ordinary abortion". Scarlet A gives the reflective listener a more accurate impression of what the majority of American abortion practice really looks like.

Robert Greene is a master guide for millions, distilling ancient wisdom and philosophy into essential texts for seekers of power, understanding and mastery. Now he turns to the most important subject of all - understanding people's drives and motivations, even when they are unconscious of them themselves.