A Critical Legal Examination Of Liberalism And Liberal Rights

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A Critical Legal Examination of Liberalism and Liberal Rights

Author : Matthew McManus
Publisher : Springer Nature
ISBN 13 : 303061025X
Total Pages : 303 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis A Critical Legal Examination of Liberalism and Liberal Rights by : Matthew McManus

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.

A Guide to Critical Legal Studies

Author : Mark Kelman
Publisher : Harvard University Press
ISBN 13 : 9780674367562
Total Pages : 374 pages
Book Rating : 4.3/5 (675 download)

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Book Synopsis A Guide to Critical Legal Studies by : Mark Kelman

Download or read book A Guide to Critical Legal Studies written by Mark Kelman and published by Harvard University Press. This book was released on 1987 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.

Critical Legal Studies

Author : Andrew Altman
Publisher : Princeton University Press
ISBN 13 : 1400828406
Total Pages : 220 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Critical Legal Studies by : Andrew Altman

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.

A Critical Legal Examination of Liberalism and Liberal Rights

Author : Matthew McManus
Publisher : Palgrave Macmillan
ISBN 13 : 9783030610272
Total Pages : 289 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis A Critical Legal Examination of Liberalism and Liberal Rights by : Matthew McManus

Download or read book A Critical Legal Examination of Liberalism and Liberal Rights written by Matthew McManus and published by Palgrave Macmillan. This book was released on 2021-12-08 with total page 289 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.

The Strange Career of Legal Liberalism

Author : Laura Kalman
Publisher : Yale University Press
ISBN 13 : 9780300076479
Total Pages : 388 pages
Book Rating : 4.0/5 (764 download)

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Book Synopsis The Strange Career of Legal Liberalism by : Laura Kalman

Download or read book The Strange Career of Legal Liberalism written by Laura Kalman and published by Yale University Press. This book was released on 1998-08-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, 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.

Philosophy of Law

Author : Raymond Wacks
Publisher : Oxford University Press
ISBN 13 : 0199687005
Total Pages : 169 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophy of Law by : Raymond Wacks

Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Liberal Rights

Author : Jeremy Waldron
Publisher : Cambridge University Press
ISBN 13 : 9780521436175
Total Pages : 500 pages
Book Rating : 4.4/5 (361 download)

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Book Synopsis Liberal Rights by : Jeremy Waldron

Download or read book Liberal Rights written by Jeremy Waldron and published by Cambridge University Press. This book was released on 1993-03-26 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 9. Rights in conflict

Liberalism’s Religion

Author : Cécile Laborde
Publisher : Harvard University Press
ISBN 13 : 0674976266
Total Pages : 345 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Liberalism’s Religion by : Cécile Laborde

Download or read book Liberalism’s Religion written by Cécile Laborde and published by Harvard University Press. This book was released on 2017-09-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.

Liberalism and Prostitution

Author : Peter de Marneffe
Publisher : Oxford University Press
ISBN 13 : 0199726108
Total Pages : 204 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Liberalism and Prostitution by : Peter de Marneffe

Download or read book Liberalism and Prostitution written by Peter de Marneffe and published by Oxford University Press. This book was released on 2012-04-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.

Constitutionalism beyond Liberalism

Author : Michael W. Dowdle
Publisher : Cambridge University Press
ISBN 13 : 1316943089
Total Pages : 375 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Constitutionalism beyond Liberalism by : Michael W. Dowdle

Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Liberal Nationalism

Author : Yael Tamir
Publisher : Princeton University Press
ISBN 13 : 1400820847
Total Pages : 207 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Liberal Nationalism by : Yael Tamir

Download or read book Liberal Nationalism written by Yael Tamir and published by Princeton University Press. This book was released on 1995-07-03 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of our time."—Isaiah Berlin "The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."—Michael Walzer In this provocative work, Yael Tamir urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity, are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, Tamir offers guidelines for alleviating the problems involved, using examples from currents conflicts in the Middle East and Eastern Europe. Liberal Nationalism is an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields—including political philosophy, ethics, law, and sociology—Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy.

Law as Politics

Author : David Dyzenhaus
Publisher : Duke University Press
ISBN 13 : 9780822322443
Total Pages : 340 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Law as Politics by : David Dyzenhaus

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.

Revisiting Marx’s Critique of Liberalism

Author : Igor Shoikhedbrod
Publisher : Springer Nature
ISBN 13 : 3030301958
Total Pages : 248 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Revisiting Marx’s Critique of Liberalism by : Igor Shoikhedbrod

Download or read book Revisiting Marx’s Critique of Liberalism written by Igor Shoikhedbrod and published by Springer Nature. This book was released on 2019-12-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting Marx’s Critique of Liberalism offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. The book begins by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. The book then tracks the enduring legacy of Marx’s critique of liberal justice by examining how leading contemporary political theorists such as John Rawls, Jürgen Habermas, Axel Honneth, and Nancy Fraser have responded to Marx’s critique of liberalism in the face of global financial capitalism and the hollowing out of democratically-enacted law. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today.

Liberalism at the Crossroads

Author : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 9780742532717
Total Pages : 278 pages
Book Rating : 4.5/5 (327 download)

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Book Synopsis Liberalism at the Crossroads by : Christopher Wolfe

Download or read book Liberalism at the Crossroads written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 2003 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalism at the Crossroads offers succinct, accessible, and well-written surveys of the ideas of the leading participants in the contemporary philosophical debate about liberalism. Christopher Wolfe brings together analyses of leading liberal thinkers from across the spectrum as well as influential critics of liberalism, including John Rawls, Ronald Dworkin, Robert Nozick, Michael Sandel, Richard Rorty, Joseph Raz, and William Galston. For the second edition, each chapter has been thoroughly revised, and new chapters on Susan Moller Okin, Richard Posner, and John Finnis have been added to include representatives of liberal feminism, law and economics, and natural law. The result is an invaluable overview of contemporary political theory, ideal for both students and scholars.

In the Shadow of Justice

Author : Katrina Forrester
Publisher : Princeton University Press
ISBN 13 : 0691216754
Total Pages : 427 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis In the Shadow of Justice by : Katrina Forrester

Download or read book In the Shadow of Justice written by Katrina Forrester and published by Princeton University Press. This book was released on 2021-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--

Liberalism

Author : Michael Freeden
Publisher : Oxford University Press, USA
ISBN 13 : 0199670439
Total Pages : 161 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Liberalism by : Michael Freeden

Download or read book Liberalism written by Michael Freeden and published by Oxford University Press, USA. This book was released on 2015 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Freeden explores the concept of liberalism, one of the longest-standing and central political theories and ideologies. Combining a variety of approaches, he distinguishes between liberalism as a political movement, as a system of ideas, and as a series of ethical and philosophical principles.

Natural Law Liberalism

Author : Christopher Wolfe
Publisher : Cambridge University Press
ISBN 13 : 9780521140607
Total Pages : 280 pages
Book Rating : 4.1/5 (46 download)

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Book Synopsis Natural Law Liberalism by : Christopher Wolfe

Download or read book Natural Law Liberalism written by Christopher Wolfe and published by Cambridge University Press. This book was released on 2009-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal political philosophy and natural law theory are not contradictory, but - properly understood - mutually reinforcing. Contemporary liberalism (as represented by Rawls, Guttman and Thompson, Dworkin, Raz, and Macedo) rejects natural law and seeks to diminish its historical contribution to the liberal political tradition, but it is only one, defective variant of liberalism. A careful analysis of the history of liberalism, identifying its core principles, and a similar examination of classical natural law theory (as represented by Thomas Aquinas and his intellectual descendants), show that a natural law liberalism is possible and desirable. Natural law theory embraces the key principles of liberalism, and it also provides balance in resisting some of its problematic tendencies. Natural law liberalism is the soundest basis for American public philosophy, and it is a potentially more attractive and persuasive form of liberalism for nations that have tended to resist it.