Jurisprudence of Liberty
Author: Suri Ratnapala
Publisher: Butterworth-Heinemann
Published: 2011
Total Pages: 506
ISBN-13: 9780409327748
DOWNLOAD EBOOKPreviously published: Sydney: Butterworths, 1996.
Read and Download eBook Full
Author: Suri Ratnapala
Publisher: Butterworth-Heinemann
Published: 2011
Total Pages: 506
ISBN-13: 9780409327748
DOWNLOAD EBOOKPreviously published: Sydney: Butterworths, 1996.
Author: Suri Ratnapala
Publisher: MICHIE
Published: 1996-01-01
Total Pages: 312
ISBN-13: 9780409307856
DOWNLOAD EBOOKCollection of fifteen essays by international scholars examining connections between legal theory and liberty. Discusses Hayek's theory of rules and the modern state and law as a voluntary enterprise and as a knowledge process. Of use as a text and research tool for students of law, politics and philosophy. Includes references and an index. The editors lecture in law at the University of Qld.
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
Published: 2015
Total Pages: 364
ISBN-13: 178327011X
DOWNLOAD EBOOKA 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.
Author: Randy E. Barnett
Publisher: Oxford University Press, USA
Published: 1998-04-02
Total Pages: 363
ISBN-13: 019152204X
DOWNLOAD EBOOKIn 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. -
Author: Frank J. Colucci
Publisher:
Published: 2009
Total Pages: 264
ISBN-13:
DOWNLOAD EBOOKExamines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Author: William M. Wiecek
Publisher: JHU Press
Published: 1988-03
Total Pages: 248
ISBN-13:
DOWNLOAD EBOOKThe two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history—and on the judges who settle disputed over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.
Author: Adam Smith
Publisher:
Published: 1896
Total Pages: 362
ISBN-13:
DOWNLOAD EBOOKAuthor: Richard A. Epstein
Publisher: Harvard University Press
Published: 2011-11-15
Total Pages: 247
ISBN-13: 0674063058
DOWNLOAD EBOOKFollowing 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.
Author: H. L. A. Hart
Publisher: Stanford University Press
Published: 1963
Total Pages: 100
ISBN-13: 9780804701549
DOWNLOAD EBOOKThis incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
Author: Stephen Breyer
Publisher: Vintage
Published: 2007-12-18
Total Pages: 176
ISBN-13: 0307424618
DOWNLOAD EBOOKA brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.