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Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
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.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
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.
Author: W. J. Waluchow
Publisher: Cambridge University Press
ISBN: 1139462814
Category : Philosophy
Languages : en
Pages : 7
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Book Description
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108418546
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author: Stuart Hampshire
Publisher: Cambridge University Press
ISBN: 9780521293525
Category : Business & Economics
Languages : en
Pages : 156
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Book Description
Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?
Author: Lewis D. Sargentich
Publisher: Cambridge University Press
ISBN: 1108565301
Category : Law
Languages : en
Pages : 189
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Book Description
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.
Author: Stuart P. Green
Publisher:
ISBN: 0197507484
Category : Law
Languages : en
Pages : 409
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Book Description
In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674727800
Category : Law
Languages : en
Pages : 889
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Book Description
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author: Billy Christmas
Publisher: Routledge
ISBN: 1000370070
Category : Philosophy
Languages : en
Pages : 250
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Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author: John Hasnas
Publisher: Oxford University Press
ISBN: 0197784607
Category : Law
Languages : en
Pages : 329
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Book Description
"It is commonly assumed that the state must provide the law necessary to maintain a peaceful and orderly society, to regulate the market, and to protect the environment. In this part of the book, I argue that these assumptions derive from a false dilemma-from the belief that the only options are legal regulation by the state and no regulation. This overlooks a third option-the regulation of human behavior by binding rules that emerge from human interaction; most importantly, by common law civil liability. I argue that the recognition of this third possibility implies that a proper analysis requires a comparative assessment of the effectiveness of state-created law and emergent law. Chapter 1 offers such an assessment of the criminal law and tort law as mechanisms for reducing violence sufficiently to allow human cooperation and prosperity. Chapter 2 offers a comparative assessment of legislation and common law as mechanisms for ensuring that market exchanges do not impose costly, unconsented to harm of third parties. And Chapter 3 offers a similar assessment of legislation and common law as mechanisms for preventing environmental degradation"--
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
