Law Liberty And The Rule Of Law

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Law, Liberty, and the Rule of Law

Author : Imer B. Flores
Publisher : Springer Science & Business Media
ISBN 13 : 940074742X
Total Pages : 196 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Law, Liberty, and the Rule of Law by : Imer B. Flores

Download or read book Law, Liberty, and the Rule of Law written by Imer B. Flores and published by Springer Science & Business Media. This book was released on 2012-09-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Law, Liberty and the Constitution

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
ISBN 13 : 178327011X
Total Pages : 364 pages
Book Rating : 4.7/5 (832 download)

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Book Synopsis Law, Liberty and the Constitution by : Harry Potter

Download or read book Law, Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Design for Liberty

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674063058
Total Pages : 247 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Design for Liberty by : Richard A. Epstein

Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Common-law Liberty

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common-law Liberty by : James Reist Stoner

Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Law, Liberty and State

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1107093384
Total Pages : 349 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Law, Liberty and State by : David Dyzenhaus

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: This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.

Originalism and the Good Constitution

Author : John O. McGinnis
Publisher : Harvard University Press
ISBN 13 : 0674727363
Total Pages : 377 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

Ethics and the Rule of Law

Author : David Lyons
Publisher : Cambridge University Press
ISBN 13 : 9780521277129
Total Pages : 244 pages
Book Rating : 4.2/5 (771 download)

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Book Synopsis Ethics and the Rule of Law by : David Lyons

Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Law, Liberty, and Justice

Author : Trevor R. S. Allan
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Law, Liberty, and Justice by : Trevor R. S. Allan

Download or read book Law, Liberty, and Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 1993 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.

Two Concepts of the Rule of Law

Author : Gottfried Dietze
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Two Concepts of the Rule of Law by : Gottfried Dietze

Download or read book Two Concepts of the Rule of Law written by Gottfried Dietze and published by . This book was released on 1973 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapters 1 and 2 previously published in German. Includes bibliographical references.

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Law, Legislation and Liberty, Volume 3

Author : F. A. Hayek
Publisher : University of Chicago Press
ISBN 13 : 0226320901
Total Pages : 261 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Law, Legislation and Liberty, Volume 3 by : F. A. Hayek

Download or read book Law, Legislation and Liberty, Volume 3 written by F. A. Hayek and published by University of Chicago Press. This book was released on 1978 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a study of American women's responses to evolutionary theory and illuminates the role science played in the nineteenth-century women's rights movement. Here the author reveals how a number of nineteenth-century women, raised on the idea that Eve's sin forever fixed women's subordinate status, embraced Darwinian evolution, especially sexual selection theory as explained in The Descent of Man, as an alternative to the creation story in Genesis. The author chronicles the lives and writings of the women who combined their enthusiasm for evolutionary science with their commitment to women's rights, including Antoinette Brown Blackwell, Eliza Burt Gamble, Helen Hamilton Gardener, Charlotte Perkins Gilman, and Elizabeth Cady Stanton. These Darwinian feminists believed evolutionary science proved that women were not inferior to men, that it was natural for mothers to work outside the home, and that women should control reproduction. The practical applications of this evolutionary feminism came to fruition, it si shown, in the early thinking and writing of the American birth control pioneer Margaret Sanger. In contrast to the extensive scholarship that has been dedicated to analyzing what Darwin and other males evolutionists had to say about women, this work offers information on what women themselves had to say about evolution. -- From book jacket.

Getting to the Rule of Law

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 0814728448
Total Pages : 310 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Getting to the Rule of Law by : James E. Fleming

Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Heaven Can Indeed Fall

Author : Christopher H. Owen
Publisher : Rowman & Littlefield
ISBN 13 : 1793624453
Total Pages : 257 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Heaven Can Indeed Fall by : Christopher H. Owen

Download or read book Heaven Can Indeed Fall written by Christopher H. Owen and published by Rowman & Littlefield. This book was released on 2021-09-27 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Willmoore Kendall was a man against the world, a "maverick," an "iconoclast." His thoughts were profound, his countless enemies powerful, his personal life full of drama. Heaven Can Indeed Fall is the first full-length biography of Kendall and integrates the man with the teacher, thinker, and cold warrior. Once a Marxist, Kendall became a fearsome foe of global communism. He never apologized for supporting Joseph McCarthy. As the co-founder of National Review he helped turn the word liberal into an insult. A "stormy petrel," Kendall was a man “who never lost an argument or kept a friend.” Yet he was one of the most effective and sensitive teachers of his age. His ideas shaped Cold War practices of intelligence analysis and psychological warfare. As an academic he became the premier American theorist for conservative populism. The recent reemergence of populist ideas among American conservatives makes understanding Kendall ever more imperative. This book shows how a child prodigy and bucolic boy scout became an ambitious intelligence analyst, razor-tongued polemicist and profound student of American politics. By knowing Kendall one can better understand Cold War America, and contemporary America as well.

Freedom

Author : Annelien De Dijn
Publisher : Harvard University Press
ISBN 13 : 0674988337
Total Pages : 433 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Freedom by : Annelien De Dijn

Download or read book Freedom written by Annelien De Dijn and published by Harvard University Press. This book was released on 2020-08-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.

Age of Iron

Author : Colin Dueck
Publisher : Oxford University Press, USA
ISBN 13 : 0190079363
Total Pages : 241 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Age of Iron by : Colin Dueck

Download or read book Age of Iron written by Colin Dueck and published by Oxford University Press, USA. This book was released on 2019-09-24 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Age of Iron attempts to describe the past, present, and possible future of conservative nationalism in American foreign policy. It argues that a kind of conservative US nationalism long predates the Trump presidency, and goes back to the American founding. Different aspects of conservative American nationalism have been incorporated into the Republican Party from its creation. Every Republican president since Theodore Roosevelt has tried to balance elements of this tradition with global US foreign policy priorities. Donald Trump was able to win his party's nomination and rise to the presidency, in part, by challenging liberal internationalist assumptions. Yet in practice, he too has combined nationalist assumptions with global US foreign policy priorities. The long-term trend within the Republican party, predating Trump, is toward political populism, cultural conservatism, and white working-class voters -- and this has international implications. Republican foreign policy nationalism is not about to disappear. The book concludes with recommendations for US foreign policy, based upon an understanding that the optimism of the post-Cold War quarter-century is over. Nationalism; conservatism; populism; Trump presidency; American foreign policy; liberal internationalism; US diplomatic history; geopolitics; American party politics; the Republican Party"--

Law, Legislation and Liberty

Author : F.A. Hayek
Publisher : Routledge
ISBN 13 : 1134524390
Total Pages : 645 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Law, Legislation and Liberty by : F.A. Hayek

Download or read book Law, Legislation and Liberty written by F.A. Hayek and published by Routledge. This book was released on 2013-10-15 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines all three volumes of Hayek's comprehensive study of the basic principles of the political order of free society: Rules and Order, The Mirage of Social Justice and The Political Order of a Free Society. 'A careful and brilliant statement of the conditions of human freedom. It is a major work of political and economic philosophy which sets terms that neither its friends or critics can ignore.' - THES