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Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1107093384
Category : Business & Economics
Languages : en
Pages : 349
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Book Description
This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1107093384
Category : Business & Economics
Languages : en
Pages : 349
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Book Description
This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Category : History
Languages : en
Pages : 364
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Book Description
A 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: Imer B. Flores
Publisher: Springer Science & Business Media
ISBN: 940074742X
Category : Philosophy
Languages : en
Pages : 196
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Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Author: édéric Bastiat
Publisher: Collected Works of Frédéric Ba
ISBN: 9780865978300
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Frederic Bastiat (1801-1850) was a keen observer of political and economic problems and a passionate proponent of liberal economic theory. This book collects nineteen of Bastiat's articles, ranging from the theory of value and rent, public choice and collective action, government intervention and regulation, the balance of trade, education, and trade unions to price controls, capital and growth, and taxation. Throughout his articles, Bastiat demonstrates how the combination of careful logic, consistency of principle, and clarity of exposition is the instrument for solving most economic and social problems. In his famous essay "The Law" Bastiat explains that the law, far from being what it ought to be, "namely the instrument that enabled the state to protect individuals' rights and property", had become the means for what he termed "spoliation" (or plunder). From the article "The State" written at the height of the 1848 Revolution in June, comes perhaps his best-remembered quotation: "The state is the great fiction by which everyone endeavours to live at the expense of everyone else". In this volume readers will find extensive introductory material, including notes on the translation and on the editions of the uvres completes, a chronology of Bastiat's life and works, two maps of France showing the cities associated with Bastiat, annotations to the articles, and a bibliography. A special section provides charming, little-known anecdotes about Bastiat and his contemporaries, including his editor Prosper Paillottet, who became Bastiat's firm friend and eventually his executor. This section also includes discussions of key concepts such as individualism, laissez-faire, industry, plunder, and the right to work. Three glossaries explain persons, places, and subjects and terms.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674063058
Category : Law
Languages : en
Pages : 247
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Book Description
Following 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: David Gordon
Publisher: Transaction Publishers
ISBN: 1412833833
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
The political impulse to secede -- to attempt to separate from central government control -- is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations -- rooted in history, political philosophy, ethics, and economic theory -- of secessionist movements in the United States, Canada, and Europe. Is secessionism extremist, a dangerous rebellion that threatens the democratic process? Gordon and his contributors think otherwise. They believe that the secessionist impulse is a vital part of the classical liberal tradition, one that emerges when national governments become too big and too ambitious. Unlike revolution, secession seeks only separation from rule, preferably through non-violent means. It is based on the moral idea, articulated by Ludwig von Mises in 1919, that "no people and no part of a people shall be held against its will in a political association that it does not want. The authors cite the famed 1861 attempt to create a confederacy of Southern states as legal, right, and a justifiable response to Northern political imperialism. They note that this was not the first American secession attempt -- the New England states tried to form their own confederacy during the War of 1812. This evidence, they argue, begs a reinterpretation of the U.S. Constitution along secessionist lines. Further they believe that the threat of secession should be revived as a bulwark against government encroachmenton individual liberty and private property rights, a guarantor of international free trade, and a protection against attempts to curb the freedom of association. These straightforward, pellucid arguments include essays by Donald Livingston, Murray N. Rothbard, Clyde Wilson, Thomas DiLorenzo, and Bruce Benson, among others. If overgrown nations continue to decompose, as they have for the last decade, these authors believe it is essential that secession be taken seriously, and fully understood. Secession, State, and Liberty makes a vital contribution toward that end. This stimulating, thought-provoking collection is necessary reading for intellectual historians and political scientists.
Author: Allen C. Guelzo
Publisher: Knopf
ISBN: 1101946229
Category : Biography & Autobiography
Languages : en
Pages : 625
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Book Description
A WALL STREET JOURNAL BEST BOOK OF THE YEAR • From the award-winning historian and best-selling author of Gettysburg comes the definitive biography of Robert E. Lee. An intimate look at the Confederate general in all his complexity—his hypocrisy and courage, his inner turmoil and outward calm, his disloyalty and his honor. "An important contribution to reconciling the myths with the facts." —New York Times Book Review Robert E. Lee is one of the most confounding figures in American history. Lee betrayed his nation in order to defend his home state and uphold the slave system he claimed to oppose. He was a traitor to the country he swore to serve as an Army officer, and yet he was admired even by his enemies for his composure and leadership. He considered slavery immoral, but benefited from inherited slaves and fought to defend the institution. And behind his genteel demeanor and perfectionism lurked the insecurities of a man haunted by the legacy of a father who stained the family name by declaring bankruptcy and who disappeared when Robert was just six years old. In Robert E. Lee, the award-winning historian Allen Guelzo has written the definitive biography of the general, following him from his refined upbringing in Virginia high society, to his long career in the U.S. Army, his agonized decision to side with Virginia when it seceded from the Union, and his leadership during the Civil War. Above all, Guelzo captures Robert E. Lee in all his complexity--his hypocrisy and courage, his outward calm and inner turmoil, his honor and his disloyalty.
Author: Herbert Spencer
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: William M. Wiecek
Publisher: JHU Press
ISBN:
Category : History
Languages : en
Pages : 248
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Book Description
The 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.
