This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.

It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.

A novel contribution to the age-old debate about free will versus determinism. Do we consciously cause our actions, or do they happen to us? Philosophers, psychologists, neuroscientists, theologians, and lawyers have long debated the existence of free will versus determinism. In this book Daniel Wegner offers a novel understanding of the issue. Like actions, he argues, the feeling of conscious will is created by the mind and brain. Yet if psychological and neural mechanisms are responsible for all human behavior, how could we have conscious will? The feeling of conscious will, Wegner shows, helps us to appreciate and remember our authorship of the things our minds and bodies do. Yes, we feel that we consciously will our actions, Wegner says, but at the same time, our actions happen to us. Although conscious will is an illusion, it serves as a guide to understanding ourselves and to developing a sense of responsibility and morality. Approaching conscious will as a topic of psychological study, Wegner examines the issue from a variety of angles. He looks at illusions of the will—those cases where people feel that they are willing an act that they are not doing or, conversely, are not willing an act that they in fact are doing. He explores conscious will in hypnosis, Ouija board spelling, automatic writing, and facilitated communication, as well as in such phenomena as spirit possession, dissociative identity disorder, and trance channeling. The result is a book that sidesteps endless debates to focus, more fruitfully, on the impact on our lives of the illusion of conscious will.

Explores how Enlightenment values have been transformed in a technological civilization.

Saul Smilansky presents an original treatment of the problem of free will, which lies at the heart of morality and human self-understanding. He maintains that we have most of the resources we need for a proper understanding of the problem; and the key to it is the role played by illusion. The major traditional philosophical approaches are inadequate, Smilansky argues: their partial insights need to be integrated into a hybrid view, which he calls Fundamental Dualism. Common views about justice, responsibility, human worth, and related notions are radically misguided, and the absurd looms large. We do, however, find some justification for enlightened moral views, and grounding for some of our most cherished views of human nature. The bold and perhaps disturbing claim of Free Will and Illusion is that we could not live adequately with a complete awareness of the truth about human freedom: illusion lies at the centre of the human condition. The necessity of illusion is seen to follow from the basic elements of the free will issue, helping keep our moral and psychological worlds intact. Smilansky offers the challenge of recognizing the centrality of illusion and trying to free ourselves to some extent from it; this is not only a philosophical challenge, but a moral and psychological one as well.

This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.