Download or read book Limiting Leviathan written by Larry May and published by Oxford University Press, USA. This book was released on 2013-09-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality.

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Belknap Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

Download or read book Appropriating Hobbes written by David Boucher and published by Oxford University Press. This book was released on 2018-03-09 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how Hobbes's political philosophy has occupied a pertinent place in different contexts, and how his interpreters see their own images reflected in him, or how they define themselves in contrast to him. Appropriating Hobbes argues that there is no Hobbes independent of the interpretations that arise from his appropriation in these various contexts and which serve to present him to the world. There is no one perfect context that enables us to get at what Hobbes 'really meant', despite the numerous claims to the contrary. He is almost indistinguishable from the context in which he is read. This contention is justified with reference to hermeneutics, and particularly the theories of Gadamer, Koselleck, and Ricoeur, contending that through a process of 'distanciation' Hobbes's writings have been appropriated and commandeered to do service in divergent contexts such as philosophical idealism; debates over the philosophical versus historical understanding of texts; as well as in ideological disputations, and emblematic characterisations of him by various disciplines such as law, politics, and international relations. This volume illustrates the capacity of a text to take on the colouration of its surroundings by exploring and explicating the importance of contexts in reading and understanding how and why particular interpretations of Hobbes have emerged, such as those of Carl Schmitt and Michael Oakeshott, or the international jurists of the seventeenth, eighteenth, and nineteenth centuries.

Download or read book Climate Leviathan written by Joel Wainwright and published by Verso Books. This book was released on 2018-02-13 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: **Winner of the 2019 Sussex International Theory Prize** -- How climate change will affect our political theory - for better and worse Despite the science and the summits, leading capitalist states have not achieved anything close to an adequate level of carbon mitigation. There is now simply no way to prevent the planet breaching the threshold of two degrees Celsius set by the Intergovernmental Panel on Climate Change. What are the likely political and economic outcomes of this? Where is the overheating world heading? To further the struggle for climate justice, we need to have some idea how the existing global order is likely to adjust to a rapidly changing environment. Climate Leviathan provides a radical way of thinking about the intensifying challenges to the global order. Drawing on a wide range of political thought, Joel Wainwright and Geoff Mann argue that rapid climate change will transform the world's political economy and the fundamental political arrangements most people take for granted. The result will be a capitalist planetary sovereignty, a terrifying eventuality that makes the construction of viable, radical alternatives truly imperative.

Download or read book Interpreting Hobbes s Political Philosophy written by S. A. Lloyd and published by Cambridge University Press. This book was released on 2019-02-07 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume provide a state-of-the-art overview of the central elements of Hobbes's political philosophy and the ways in which they can be interpreted. The volume's contributors offer their own interpretations of Hobbes's philosophical method, his materialism, his psychological theory and moral theory, and his views on benevolence, law and civil liberties, religion, and women. Hobbes's ideas of authorization and representation, his use of the 'state of nature', and his reply to the unjust 'Foole' are also critically analyzed. The essays will help readers to orient themselves in the complex scholarly literature while also offering groundbreaking arguments and innovative interpretations. The volume as a whole will facilitate new insights into Hobbes's political theory, enabling readers to consider key elements of his thought from multiple perspectives and to select and combine them to form their own interpretations of his political philosophy.

Download or read book Federalist Government in Principle and Practice written by Donald P. Racheter and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism has generally been characterized as a system of government that is friendly to liberty. It is not obvious, though, why this should be so. Federalism is a form of government where citizens simultaneously reside in at least two governments, each of which has independent authority to tax and to regulate. By contrast, in a unitary form of government citizens face only one government with independent authority to tax and regulate. At first glance, it would seem a bit strange to claim that liberty is more secure when citizens are members of two governments with independent authority than when they are members of only one such government. The relationship between federalism and liberty turns out to be a complex one, and one that is capable of working in either direction. Whether federalism supports or erodes liberty depends on importantly on the institutional framework within which federalist governance takes place. The essays in Federalist Government in Principle and Practice examine this institutionalist theme from both theoretical and practical perspectives.

Download or read book Thomas Hobbes s Conception of Peace written by Maximilian Jaede and published by Springer. This book was released on 2018-03-19 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Hobbes’s ideas about the internal pacification of states, the prospect of a peaceful international order, and the connections between civil and international peace. It questions the notion of a negative Hobbesian peace, which is based on the mere suppression of violence, and emphasises his positive vision of everlasting peace in a well-governed commonwealth. The book also highlights Hobbes’s ideas about international coexistence and cooperation, which he considers integral to good government. In examining Hobbes’s conception of peace, it provides a fresh perspective on his international political thought. The findings also have wider implications for the ways in which we think about Hobbes’s relationship to the realist and liberal traditions of international thought, and will appeal to students and scholars of political theory and international relations.

Download or read book Political Theology of International Order written by William Bain and published by Oxford University Press. This book was released on 2020-04-09 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is contemporary international order truly a secular arrangement? Theorists of international relations typically adhere to a narrative that portrays the modern states system as the product of a gradual process of secularization that transcended the religiosity of medieval Christendom. William Bain challenges this narrative by arguing that modern theories of international order reflect ideas that originate in medieval theology. They are, in other words, worldly applications of a theological pattern. This ground-breaking book makes two key contributions to scholarship on international order. First, it provides a thorough intellectual history of medieval and early modern traditions of thought and the way in which they shape modern thinking about international order. It explores the ideas of Augustine, Thomas Aquinas, William of Ockham, Martin Luther, and other theologians to rise above the sharp differentiation of medieval and modern that underpins most international thought. Uncovering this theological inheritance invites a fundamental reassessment of canonical figures, such as Hugo Grotius and Thomas Hobbes, and their contribution to theorizing international order. Second, this book shows how theological ideas continue to shape modern theories of international order by structuring the questions theorists ask as well as the answer they provide. It argues that the dominant vocabulary of international order, system and society, anarchy, balance of power, and constitutionalism, is mediated by the intellectual commitments of nominalist theology. It concludes by exploring the implications of thinking in terms of this theological inheritance, albeit in a world where God is only one of several possibilities that can called upon to secure the regularity of order.

Download or read book Potentia written by Sandra Leonie Field and published by Oxford University Press. This book was released on 2020-08-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age of growing dissatisfaction with the standard operations of representative democracy. The solution, according to a long radical democratic tradition, is the unmediated power of the people. Mass plebiscites and mass protest movements are celebrated as the quintessential expression of popular power, and this power promises to transcend ordinary institutional politics. But the outcomes of mass political phenomena can be just as disappointing as the ordinary politics they sought to overcome, breeding skepticism about democratic politics in all its forms. Potentia argues that the very meaning of popular power needs to be rethought. It offers a detailed study of the political philosophies of Thomas Hobbes and Benedict de Spinoza, focusing on their concept of power as potentia, concrete power, rather than power as potestas, authorized power. Specifically, the book's argument turns on a new interpretation of potentia as a capacity that is dynamically constituted in a web of actual human relations. This means that a group's potentia reflects any hostility or hierarchy present in the relations between its members. There is nothing spontaneously egalitarian or good about human collective existence; a group's power deserves to be called popular only if it avoids oligarchy and instead durably establishes its members' equality. Where radical democrats interpret Hobbes' "sleeping sovereign" or Spinoza's "multitude" as the classic formulations of unmediated popular power, Sandra Leonie Field argues that for both Hobbes and Spinoza, conscious institutional design is required in order for true popular power to be achieved. Between Hobbes' commitment to repressing private power and Spinoza's exploration of civic strengthening, Field draws on early modern understandings of popular power to provide a new lens for thinking about the risks and promise of democracy.

Download or read book Studies in the History of Tax Law Volume 9 written by Peter Harris and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the papers from the ninth Cambridge Tax Law History Conference, held in July 2018. In the usual manner, these papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinised and edited to the highest standard for inclusion in this prestigious series. The papers fall within five basic themes. Four papers focus on tax theory: Bentham; social contract and tax governance; Schumpeter's 'thunder of history'; and the resurgence of the benefits theory. Three involve the history of UK specific interpretational issues: management expenses; anti-avoidance jurisprudence; and identification of professionals. A further three concern specific forms of UK tax on road travel, land and capital gains. One paper considers the formation of HMRC and another explains aspects of nineteenth-century taxation by reference to Jane Austen characters. Four consider aspects of international taxation: development of EU corporate tax policy; history of Dutch tax planning; the important 1942 Canada–US tax treaty; and the 1928 UN model tax treaties on tax evasion. Also included are papers on the effects of WWI on New Zealand income tax and development of anti-tax avoidance rules in China.

Download or read book Law Liberty and State written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2015-05-28 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.

Download or read book Contingent Pacifism written by Larry May and published by Cambridge University Press. This book was released on 2015-08-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major philosophical treatment of contingent pacifism, offering an account of pacifism from the just war tradition.

Download or read book Law Religion and Love written by Paul Babie and published by Routledge. This book was released on 2017-09-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, the modern neo-liberal world marginalises any notion of religion or spirituality, leaving little or no room for the sacred in the public sphere. While this process advances, the conservative and harmful behaviours associated with some religions and their adherents exacerbate this marginalisation by driving out those who remain religious or spiritual. And all of this is seen through the lens of social science, which seems to agree that religion remains important, if not in spiritual sense, at least as a source of folklore and a means of identification: religions remain rooted in the societies from which they emerged, and the legal systems of many of those societies emerged from religious sources, even if those societies remain unwilling to admit that fact. In the modern materialistic world of conformity, religion is less a source of guidance than a label of identification. The world therefore faces two issues. First, the decreasing level of spirituality in the ‘West’ widens the gap between worshippers and those who have left their faith (eg agnostics and atheists, or those who look at religion as a matter of ‘picking and choosing’ from a range of options). And, second, the strong connections to religion which remain in many nations, but which are often misused in the secular public sphere (both in the West and internationally). In such divided worlds, both religious and secular forces tend to lock themselves into closed groupings of ‘pure truth’ and in so doing increase the level of disagreement, in turn producing radicalism. In short, the modern world is divided in two ways: between religious and non-religious (although some have argued that the non-religious secular is itself a form of civil religion), and between those subscribing to divergent understandings of the same religious tradition. While hyperbolic and histrionic, the term ‘culture wars’ nonetheless best captures what we see happening in the public sphere today. The question emerges, then: how best to accommodate the democratic principle which posits that the majority should feel that it lives in a society of its own with the human rights principle, holding that is necessary to ensure the full protection of the minority’s rights? How to balance these seemingly opposed principles? We are very familiar with the differences that appear between secular and sacred in the modern world; yet, what of the similarities amongst scriptures and laws which seek to encourage mutual understanding, cooperation and even cohabitation? Because religion itself is a source of law, a set of exhortations or commands as much as a set of rights, every major religion offers an approach to encountering ‘the Other’ in a positive, constructive, affirming way; and it is here that religions reveal much that they have in common. This book draws together the work of scholars engaged in exploring the possibilities for a ‘utopian’ world in the sense fostered by St Thomas More. The essays explore those dimensions of religious and civil law where ‘love’ – however that is defined by relevant texts – fosters and encourages acceptance of ‘the Other’ and will offer perspectives on the ways in which religious or civil/state law command one to act in the spirit of ‘love’.

Download or read book Competition Coordination and Diversity written by Pascal Salin and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition, or the freedom to enter into a market, contributes greatly to the differentiation of human activities and therefore to economic progress. This fascinating book highlights the similarities between human systems at both the micro and macro l

Download or read book Hobbes on Legal Authority and Political Obligation written by Luciano Venezia and published by Springer. This book was released on 2015-09-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them.

Download or read book Politics Taxation and the Rule of Law written by Donald P. Racheter and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Institute began operations in 1992 as Iowa's only state-level, independent, research organization. As a public-policy research organization, our four principal goals are to become an information and analysis resource for all Iowans; provide local, state, and national policy-makers with a rigorous, objective, and understandable analysis of specific policy initiatives; identify practical alternatives for action on critical issues; and provide a forum for policy-makers and individuals to share ideas and concerns. The Institute promotes the importance of a free-enterprise economic system and its relationship to a free and democratic society. It seeks to support the proper role of a limited government in a society based upon individual freedom and liberty. Concerned citizens are challenged to become better informed about public issues, for ideas have consequences, and involved individuals can make a difference. Following the general treatment of how to achieve these ideals contained in LIMITING LEVIATHAN, we have continued our series of books designed to examine the topics raised there in greater depth. In FEDERALIST GOVERNMENT IN PRINCIPLE AND PRACTICE we developed the ways in which dividing governmental power between levels such as national and state can help citizens preserve their freedoms. In this volume we develop the ways in which property rights do the same.

Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016-02-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.