Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality.
Examines the relationship between the American people and their government. The authors analyse the case for limiting governmental power and discuss such limits in terms of tax, regulatory limits, and electoral, congressional term and constitutional limits. They also look at auxiliary areas.
"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.
Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Uniquely bringing together three different texts, Runciman (Trinity College, U. of Cambridge, UK) elucidates the problems with arguments in Plato's Republic, Hobbes's Leviathan, and Marx's Communist Manifesto, although they are viewed as great books. He focuses on passages that relate to ways to achieve and sustain harmony and order in human societies, and the mistakes they make in their arguments in similar areas. There is no index.
In 1999, off the coast of the Pacific Northwest, the first gray whale in seven decades was killed by Makah whalers. The hunt marked the return of a centuries-old tradition and, predictably, set off a fierce political and environmental debate. Whalers from the Makah Indian Tribe and antiwhaling activists have clashed for over twenty years, with no end to this conflict in sight. In Contesting Leviathan, anthropologist Les Beldo describes the complex judicial and political climate for whale conservation in the United States, and the limits of the current framework in which whales are treated as “large fish” managed by the National Marine Fisheries Service. Emphasizing the moral dimension of the conflict between the Makah, the US government, and antiwhaling activists, Beldo brings to light the lived ethics of human-animal interaction, as well as how different groups claim to speak for the whale—the only silent party in this conflict. A timely and sensitive study of a complicated issue, this book calls into question anthropological expectations regarding who benefits from the exercise of state power in environmental conflicts, especially where indigenous groups are involved. Vividly told and rigorously argued, Contesting Leviathan will appeal to anthropologists, scholars of indigenous culture, animal activists, and any reader interested in the place of animals in contemporary life.