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A Critical Legal Examination Of Liberalism And Liberal Rights
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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.
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.
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 1993-04-11 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.
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.
Book Synopsis Against Post-Liberal Courts and Justice by : Lesley A. Jacobs
Download or read book Against Post-Liberal Courts and Justice written by Lesley A. Jacobs and published by Springer Nature. This book was released on 2024-01-28 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.
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.
Book Synopsis Philosophy of Law by : Walter E. Block
Download or read book Philosophy of Law written by Walter E. Block and published by Springer Nature. This book was released on 2019-11-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
Book Synopsis Liberal Freedom by : Eric MacGilvray
Download or read book Liberal Freedom written by Eric MacGilvray and published by Cambridge University Press. This book was released on 2022-09-15 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: We seem to be losing the ability to talk to each other about – and despite – our political differences. The liberal tradition, with its emphasis on open-mindedness, toleration, and inclusion, is ideally suited to respond to this challenge. Yet liberalism is often seen today as a barrier to constructive dialogue: narrowly focused on individual rights, indifferent to the communal sources of human well-being, and deeply implicated in structures of economic and social domination. This book provides a novel defense of liberalism that weaves together a commitment to republican self-government, an emphasis on the value of unregulated choice, and an appreciation of how hard it is to strike a balance between them. By treating freedom rather than justice as the central liberal value this important book, critical to the times, provides an indispensable resource for constructive dialogue in a time of political polarization.
Book Synopsis Montesquieu's Liberalism and the Problem of Universal Politics by : Keegan Callanan
Download or read book Montesquieu's Liberalism and the Problem of Universal Politics written by Keegan Callanan and published by Cambridge University Press. This book was released on 2018-08-23 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Montesquieu's liberalism and critique of universalism in politics, often thought to stand in tension, comprise a coherent philosophical and political project.
Download or read book Pillars of Justice written by Owen Fiss and published by Harvard University Press. This book was released on 2017-05-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.
Download or read book Liberalism written by Edmund Fawcett and published by Princeton University Press. This book was released on 2015-09-22 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling history of liberalism from the nineteenth century to today Liberalism dominates today's politics just as it decisively shaped the American and European past. This engrossing history of liberalism—the first in English for many decades—traces liberalism’s ideals, successes, and failures through the lives and ideas of a rich cast of European and American thinkers and politicians, from the early nineteenth century to today. An enlightening account of a vulnerable but critically important political creed, Liberalism provides the vital historical and intellectual background for hard thinking about liberal democracy’s future.
Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks
Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis Making Liberalism New by : Ian Afflerbach
Download or read book Making Liberalism New written by Ian Afflerbach and published by JHU Press. This book was released on 2021-11-02 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book maps the rise of a modern liberal culture in the United States from the 1930s to the 1960s. It shows how modern fiction writers responded to central concerns in liberal political thought, such as corporate ownership, reproductive rights, colorblind law, and presidential character"--
Book Synopsis Bleak Liberalism by : Amanda Anderson
Download or read book Bleak Liberalism written by Amanda Anderson and published by University of Chicago Press. This book was released on 2016-11-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bleak liberalism -- Liberalism in the age of high realism -- Revisiting the political novel -- The liberal aesthetic in the postwar era: the case of Trilling and Adorno -- Bleak liberalism and the realism/modernism debate: Ellison and Lessing
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.
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.
Book Synopsis Ideology and Community in the First Wave of Critical Legal Studies by : Richard W. Bauman
Download or read book Ideology and Community in the First Wave of Critical Legal Studies written by Richard W. Bauman and published by University of Toronto Press. This book was released on 2002-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bauman examines several major themes and arguments in the first decade of critical legal scholarship, predominantly in the U.S. in the period dating roughly from the mid-1970s to the mid-1980s.
