Search results for ""Author Amy Gutmann""

Who should have the authority to shape the education of citizens in a democracy? This is the central question posed by Amy Gutmann in the first book-length study of the democratic theory of education. The author tackles a wide range of issues, from the democratic case against book banning to the role of teachers' unions in education, as well as the vexed questions of public support for private schools and affirmative action in college admissions.

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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. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." 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. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

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An eye-opening look at the inevitable moral choices that come along with tremendous medical progress, Everybody Wants to Go to Heaven but Nobody Wants to Die is a primer for all Americans to talk more honestly about health care. Beginning in the 1950s when doctors still paid house calls but regularly withheld the truth from their patients, Amy Gutmann and Jonathan D. Moreno explore an unprecedented revolution in health care and explain the problem with Americans wanting everything that medical science has to offer without debating its merits and its limits. The result: Americans today pay far more for health care while having amongst the lowest life expectancies and highest infant mortality of any affluent nation. Gutmann and Moreno—“incisive, influential, and pragmatic thinkers” (Arthur Caplan)—demonstrate that the stakes have never been higher for prolonging and improving life. From health care reform and death-with-dignity to child vaccinations and gene editing, they explain how bioethics came to dominate the national spotlight, leading and responding to a revolution in doctor-patient relations, a burgeoning world of organ transplants and new reproductive technologies that benefit millions but create a host of legal and ethical challenges. With striking examples, the authors show how breakthroughs in cancer research, infectious disease and drug development provide Americans with exciting new alternatives, yet often painful choices. They address head-on the most fundamental challenges in American health care: Why do we pay so much for health care while still lacking universal coverage? How can medical studies adequately protect individuals who volunteer for them? What’s fair when it comes to allocating organs for transplants in truly life-and-death situations? A lucid and provocative blend of history and public policy, this urgent work exposes the American paradox of wanting to have it all without paying the price.

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The idea of human cruelty to animals so consumes novelist Elizabeth Costello in her later years that she can no longer look another person in the eye: humans, especially meat-eating ones, seem to her to be conspirators in a crime of stupefying magnitude taking place on farms and in slaughterhouses, factories, and laboratories across the world. Costello's son, a physics professor, admires her literary achievements, but dreads his mother's lecturing on animal rights at the college where he teaches. His colleagues resist her argument that human reason is overrated and that the inability to reason does not diminish the value of life; his wife denounces his mother's vegetarianism as a form of moral superiority. At the dinner that follows her first lecture, the guests confront Costello with a range of sympathetic and skeptical reactions to issues of animal rights, touching on broad philosophical, anthropological, and religious perspectives. Painfully for her son, Elizabeth Costello seems offensive and flaky, but--dare he admit it?--strangely on target. In this landmark book, Nobel Prize-winning writer J. M. Coetzee uses fiction to present a powerfully moving discussion of animal rights in all their complexity. He draws us into Elizabeth Costello's own sense of mortality, her compassion for animals, and her alienation from humans, even from her own family. In his fable, presented as a Tanner Lecture sponsored by the University Center for Human Values at Princeton University, Coetzee immerses us in a drama reflecting the real-life situation at hand: a writer delivering a lecture on an emotionally charged issue at a prestigious university. Literature, philosophy, performance, and deep human conviction--Coetzee brings all these elements into play. As in the story of Elizabeth Costello, the Tanner Lecture is followed by responses treating the reader to a variety of perspectives, delivered by leading thinkers in different fields. Coetzee's text is accompanied by an introduction by political philosopher Amy Gutmann and responsive essays by religion scholar Wendy Doniger, primatologist Barbara Smuts, literary theorist Marjorie Garber, and moral philosopher Peter Singer, author of Animal Liberation. Together the lecture-fable and the essays explore the palpable social consequences of uncompromising moral conflict and confrontation.

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How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments.

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A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jurgen Habermas's extensive essay on the issues of recognition and the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism. Praise for the previous edition:

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Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.

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In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem. Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life. Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy. Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race.

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