Liberal Legality

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Liberal Legality

Author : Lewis D. Sargentich
Publisher : Cambridge University Press
ISBN 13 : 1108565301
Total Pages : 189 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Liberal Legality by : Lewis D. Sargentich

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.

Liberal Legality

Author : Lewis D. Sargentich
Publisher : Cambridge University Press
ISBN 13 : 1108644953
Total Pages : 190 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Liberal Legality by : Lewis D. Sargentich

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 190 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.

Liberal Legality

Author : Lewis D. Sargentich
Publisher : Cambridge University Press
ISBN 13 : 1108425453
Total Pages : 189 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Liberal Legality by : Lewis D. Sargentich

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.

The First Civil Right

Author : Naomi Murakawa
Publisher : Studies in Postwar American Po
ISBN 13 : 0199892806
Total Pages : 281 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The First Civil Right by : Naomi Murakawa

Download or read book The First Civil Right written by Naomi Murakawa and published by Studies in Postwar American Po. This book was released on 2014 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, 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. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their first civil right - physical safety - eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. 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." -- Publisher's description.

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.

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.

The Liberal-Welfarist Law of Nations

Author : Emmanuelle Jouannet
Publisher : Cambridge University Press
ISBN 13 : 1107018943
Total Pages : 327 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Liberal-Welfarist Law of Nations by : Emmanuelle Jouannet

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.

The Politics of Legality in a Neoliberal Age

Author : Ben Golder
Publisher : Routledge
ISBN 13 : 1317308077
Total Pages : 216 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Politics of Legality in a Neoliberal Age by : Ben Golder

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 216 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.

The Decline of Private Law

Author : Gonçalo de Almeida Ribeiro
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907912
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Decline of Private Law by : Gonçalo de Almeida Ribeiro

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.

The Rise of the Conservative Legal Movement

Author : Steven M. Teles
Publisher : Princeton University Press
ISBN 13 : 1400829690
Total Pages : 363 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Rise of the Conservative Legal Movement by : Steven M. Teles

Download or read book The Rise of the Conservative Legal Movement written by Steven M. Teles and published by Princeton University Press. This book was released on 2012-01-16 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

Law and Religion in the Liberal State

Author : Md Jahid Hossain Bhuiyan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926348
Total Pages : 390 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Religion in the Liberal State by : Md Jahid Hossain Bhuiyan

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 390 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.

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.

Pillars of Justice

Author : Owen Fiss
Publisher : Harvard University Press
ISBN 13 : 0674977327
Total Pages : 224 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Pillars of Justice by : Owen Fiss

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.

Authoritarian Legality in Asia

Author : Weitseng Chen
Publisher : Cambridge University Press
ISBN 13 : 1108496687
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Authoritarian Legality in Asia by : Weitseng Chen

Download or read book Authoritarian Legality in Asia written by Weitseng Chen and published by Cambridge University Press. This book was released on 2020-07-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Legality and Legitimacy

Author : Carl Schmitt
Publisher : Duke University Press
ISBN 13 : 0822385767
Total Pages : 212 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Legality and Legitimacy by : Carl Schmitt

Download or read book Legality and Legitimacy written by Carl Schmitt and published by Duke University Press. This book was released on 2004-02-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

Common Law and Liberal Theory

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Common Law and Liberal Theory by : James Reist Stoner

Download or read book Common Law and Liberal Theory written by James Reist Stoner and published by . This book was released on 1992 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.

The Concept of Liberal Democratic Law

Author : Johan Willem Gous Van der Walt
Publisher : Law and Politics
ISBN 13 : 9780367181819
Total Pages : 0 pages
Book Rating : 4.1/5 (818 download)

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Book Synopsis The Concept of Liberal Democratic Law by : Johan Willem Gous Van der Walt

Download or read book The Concept of Liberal Democratic Law written by Johan Willem Gous Van der Walt and published by Law and Politics. This book was released on 2020 with total page 0 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.