A Critical Legal Examination of Liberalism and Liberal Rights
A Critical Legal Examination of Liberalism and Liberal Rights

Author: Matthew McManus

Publisher: Springer Nature

Published: 2020-11-23

Total Pages: 303

ISBN-13: 303061025X

DOWNLOAD EBOOK

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
A Guide to Critical Legal Studies

Author: Mark Kelman

Publisher: Harvard University Press

Published: 1987

Total Pages: 374

ISBN-13: 9780674367562

DOWNLOAD EBOOK

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
Critical Legal Studies

Author: Andrew Altman

Publisher: Princeton University Press

Published: 2021-06-08

Total Pages: 220

ISBN-13: 1400828406

DOWNLOAD EBOOK

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
A Critical Legal Examination of Liberalism and Liberal Rights

Author: Matthew McManus

Publisher: Palgrave Macmillan

Published: 2021-12-08

Total Pages: 289

ISBN-13: 9783030610272

DOWNLOAD EBOOK

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
The Strange Career of Legal Liberalism

Author: Laura Kalman

Publisher: Yale University Press

Published: 1998-08-11

Total Pages: 388

ISBN-13: 9780300076479

DOWNLOAD EBOOK

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
Philosophy of Law

Author: Raymond Wacks

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 169

ISBN-13: 0199687005

DOWNLOAD EBOOK

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
Liberal Rights

Author: Jeremy Waldron

Publisher: Cambridge University Press

Published: 1993-03-26

Total Pages: 500

ISBN-13: 9780521436175

DOWNLOAD EBOOK

9. Rights in conflict

Liberalism and Prostitution
Liberalism and Prostitution

Author: Peter de Marneffe

Publisher: Oxford University Press

Published: 2012-04-01

Total Pages: 204

ISBN-13: 0199726108

DOWNLOAD EBOOK

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
Constitutionalism beyond Liberalism

Author: Michael W. Dowdle

Publisher: Cambridge University Press

Published: 2017-01-26

Total Pages: 375

ISBN-13: 1316943089

DOWNLOAD EBOOK

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
Liberal Nationalism

Author: Yael Tamir

Publisher: Princeton University Press

Published: 1995-07-03

Total Pages: 207

ISBN-13: 1400820847

DOWNLOAD EBOOK

"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.