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Author: N. Scott Arnold
Publisher: Oxford University Press
ISBN: 0199705291
Category : Philosophy
Languages : en
Pages : 505
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Book Description
A major question for liberal politics and liberal political theory concerns the proper scope of government. Liberalism has always favored limited government, but there has been wide-ranging dispute among liberals about just how extensive the scope of government should be. Included in this dispute are questions about the extent of state ownership of the means of production, redistribution of wealth and income through the tax code and transfer programs, and the extent of government regulation. One of N. Scott Arnold's goals is to give an accurate characterization of both modern liberalism and classical liberalism, explaining along the way why libertarianism is not the only form that classical liberalism can take. The main focus of Arnold's book, however, concerns regulation--specifically, the modern liberal regulatory agenda as it has taken shape in contemporary American society. This is the set of regulatory regimes favored by all modern liberals and opposed by all classical liberals. It includes contemporary employment law in all its manifestations, health and safety regulation, and land use regulation. The heart of the book consists of a systematic evaluation of arguments for and against all the items on this agenda. It turns out that there are good arguments on both sides for most of these regulatory regimes. Because of this, and because someone's vision of the proper scope of government will ultimately prevail, some procedural requirements that all liberals could agree to must be satisfied for one side to impose legitimately its values on the polity at large. These procedural requirements are identified, argued for, and then applied to the elements of the modern liberal regulatory agenda. Arnold argues that many, though not all, of these elements have been illegitimately imposed on American society.
Author: N. Scott Arnold
Publisher: Oxford University Press
ISBN: 0199705291
Category : Philosophy
Languages : en
Pages : 505
Get Book Here
Book Description
A major question for liberal politics and liberal political theory concerns the proper scope of government. Liberalism has always favored limited government, but there has been wide-ranging dispute among liberals about just how extensive the scope of government should be. Included in this dispute are questions about the extent of state ownership of the means of production, redistribution of wealth and income through the tax code and transfer programs, and the extent of government regulation. One of N. Scott Arnold's goals is to give an accurate characterization of both modern liberalism and classical liberalism, explaining along the way why libertarianism is not the only form that classical liberalism can take. The main focus of Arnold's book, however, concerns regulation--specifically, the modern liberal regulatory agenda as it has taken shape in contemporary American society. This is the set of regulatory regimes favored by all modern liberals and opposed by all classical liberals. It includes contemporary employment law in all its manifestations, health and safety regulation, and land use regulation. The heart of the book consists of a systematic evaluation of arguments for and against all the items on this agenda. It turns out that there are good arguments on both sides for most of these regulatory regimes. Because of this, and because someone's vision of the proper scope of government will ultimately prevail, some procedural requirements that all liberals could agree to must be satisfied for one side to impose legitimately its values on the polity at large. These procedural requirements are identified, argued for, and then applied to the elements of the modern liberal regulatory agenda. Arnold argues that many, though not all, of these elements have been illegitimately imposed on American society.
Author: Kanishka Jayasuriya
Publisher: Routledge
ISBN: 1134209894
Category : Political Science
Languages : en
Pages : 181
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Book Description
The events of September 11, 2001 were a significant watershed in the emerging global order. However, the nature and consequences of this changing global order remain unclear. This book argues that this new order is as much the result of issues relating to the evolving methods and forms of governance, as of the new role and position of the United States in the world system. Using an innovative framework, derived from the work of Carl Schmitt, Kanishka Jayasuriya explores the nexus between domestic political and constitutional structures and the global order, and examines how the post-war framework of international liberalism is crumbling under the new pressures of globalization. As well as looking at the implications of 9/11 for the global order, this new study: relates the events of 9/11 to the deep transformations of the post war global order emphasizes the importance of the rise of the new regulatory state examines the new politics of fear in liberal democracies including the US, UK and Australia studies the appropriation of the 'language of the left' by conservative forces explores the illiberal outcomes of actions undertaken in the name of liberalism. This unique and timely study will be of great interest to students and researchers of international political economy, globalization and international political theory.
Author: Stephen F. Williams
Publisher: Encounter Books
ISBN: 1594039542
Category : History
Languages : en
Pages : 361
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Book Description
Besides absolutists of the right (the tsar and his adherents) and left (Lenin and his fellow Bolsheviks), the Russian political landscape in 1917 featured moderates seeking liberal reform and a rapid evolution towards a constitutional monarchy. Vasily Maklakov, a lawyer, legislator and public intellectual, was among the most prominent of these, and the most articulate and sophisticated advocate of the rule of law, the linchpin of liberalism. This book tells the story of his efforts and his analysis of the reasons for their ultimate failure. It is thus, in part, an example for movements seeking to liberalize authoritarian countries today—both as a warning and a guide. Although never a cabinet member or the head of his political party—the Constitutional Democrats or “Kadets”—Maklakov was deeply involved in most of the political events of the period. He was defense counsel for individuals resisting the regime (or charged simply for being of the wrong ethnicity, such as Menahem Beilis, sometimes considered the Russian Dreyfus). He was continuously a member of the Kadets’ central committee and their most compelling orator. As a somewhat maverick (and moderate) Kadet, he stood not only between the country’s absolute extremes (the reactionary monarchists and the revolutionaries), but also between the two more or less liberal centrist parties, the Kadets on the center left, and the Octobrists on the center right. As a member of the Second, Third and Fourth Dumas (1907-1917), he advocated a wide range of reforms, especially in the realms of religious freedom, national minorities, judicial independence, citizens’ judicial remedies, and peasant rights.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674726499
Category : Law
Languages : en
Pages : 701
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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 constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.
Author: Patrick Joyce
Publisher: Verso Books
ISBN: 178960849X
Category : Political Science
Languages : en
Pages : 434
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Book Description
The liberal governance of the nineteenth-century state and city depended on the "rule of freedom." As a form of rule it relied on the production of certain kinds of citizens and patterns of social life, which in turn depended on transforming both the material form of the city (its layout, architecture, infrastructure) and the ways it was inhabited and imagined by its leaders, citizens and custodians. Focusing mainly on London and Manchester, but with reference also to Glasgow, Dublin, Paris, Vienna, colonial India, and even contemporary Los Angeles, Patrick Joyce creatively and originally develops Foucauldian approaches to historiography to reflect on the nature of modern liberal society. His consideration of such "artifacts" as maps and censuses, sewers and markets, public libraries and parks, and of civic governments and city planning, are intertwined with theoretical interpretations to examine both the impersonal, often invisible forms of social direction and control built into the infrastructure of modern life and the ways in which these mechanisms shape cultural and social life and engender popular resistance.
Author: Michael Freeden
Publisher: Oxford University Press, USA
ISBN: 0199670439
Category : Philosophy
Languages : en
Pages : 161
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Book Description
Michael Freeden explores the concept of liberalism, one of the longest-standing and central political theories and ideologies. Combining a variety of approaches, he distinguishes between liberalism as a political movement, as a system of ideas, and as a series of ethical and philosophical principles.
Author: Randy E. Barnett
Publisher: Oxford University Press, USA
ISBN: 019152204X
Category : Political Science
Languages : en
Pages : 363
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Book Description
In 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: 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: Zachary Cook
Publisher: Lexington Books
ISBN: 1666925713
Category : Political Science
Languages : en
Pages : 239
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Book Description
Young Americans are not reliable liberals. But drawing from over one hundred surveys from the present day back to the Great Depression, and from interviews with campaign professionals from the Barack Obama and Bernie Sanders campaigns, Zachary Cook argues that across the twentieth and twenty-first centuries, younger Americans have more faith in the power of government to provide better economic outcomes for all, and to effectively regulate business – if the right politicians can be found to do it. While older voters grow more skeptical about the federal government’s power to oversee the private sector, youth are more idealistic about the power of government to “do more,” even while they may distrust current politicians in office. Younger voters are not hostile to capitalism. They do not feel they have to choose sides between big government and big business. Given the current two-party system, this potential trust in the power of government works in the Democrats’ favor when appealing to the youth vote.
Author: Stuart P. Green
Publisher: Oxford University Press, USA
ISBN: 0197507484
Category : Law
Languages : en
Pages : 409
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Book Description
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of 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 the 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. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--
