Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that the diverse ways of reasoning and judging in our law arise from the same root: a commitment to liberal legality.
Download or read book A Critical Legal Examination of Liberalism and Liberal Rights written by Matthew McManus and published by Springer Nature. This book was released on 2020-11-23 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.
Download or read book The Decline of Private Law written by Gonçalo de Almeida Ribeiro and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.
Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Download or read book The Theological Basis of Liberal Modernity in Montesquieu s Spirit of the Laws written by Thomas L. Pangle and published by University of Chicago Press. This book was released on 2010-05-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws—Montesquieu’s huge, complex, and enormously influential work—is considered one of the central texts of the Enlightenment, laying the foundation for the liberally democratic political regimes that were to embody its values. In his penetrating analysis, Thomas L. Pangle brilliantly argues that the inherently theological project of Enlightenment liberalism is made more clearly—and more consequentially— in Spirit than in any other work. In a probing and careful reading, Pangle shows how Montesquieu believed that rationalism, through the influence of liberal institutions and the spread of commercial culture, would secularize human affairs. At the same time, Pangle uncovers Montesquieu’s views about the origins of humanity’s religious impulse and his confidence that political and economic security would make people less likely to sacrifice worldly well-being for otherworldly hopes. With the interest in the theological aspects of political theory and practice showing no signs of diminishing, this book is a timely and insightful contribution to one of the key achievements of Enlightenment thought.
Download or read book Critical Legal Studies written by Andrew Altman and published by Princeton University Press. This book was released on 2021-06-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.
Download or read book The First Civil Right written by Naomi Murakawa and published by Oxford University Press, USA. This book was released on 2014 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.
Download or read book Law and Religion in the Liberal State written by Md Jahid Hossain Bhuiyan and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Download or read book The Liberal Welfarist Law of Nations written by Emmanuelle Jouannet and published by Cambridge University Press. This book was released on 2012-01-26 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emmanuelle Jouannet explores the concept of international law from the European Enlightenment to the post-Cold War world.
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Download or read book The Concept of Liberal Democratic Law written by Johan van Der Walt and published by Routledge. This book was released on 2019-09-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Download or read book Conversations Choices and Chances written by Anthony Bradney and published by Hart Publishing. This book was released on 2003-04-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most academics in university law schools would claim to offer a liberal education. Few have thought very much about what a liberal education in law means. Basing itself on a detailed examination of the theory of liberal education,this book looks at what the liberal university law school should be doing in terms of its teaching, research and administration.
Download or read book The Strange Career of Legal Liberalism written by Laura Kalman and published by . This book was released on 1996-01-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholarship is in a state of crisis, argues Laura Kalman in this history of the most prestigious field in law studies, constitutional theory. Since the New Deal, Kalman says, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism - which stressed communal values and an active citizenry - to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
Download or read book Special Issue written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2014-10-07 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's relationship with the American liberal state, while the remaining papers consider specific applications of the law within society
Download or read book The Politics of Legality in a Neoliberal Age written by Ben Golder and published by Routledge. This book was released on 2017-08-04 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world – including the Americas, Australia, Europe, and the United Kingdom – it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time, offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas, and, at the same time, a political economic corrective to legal scholarship that has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.
