Liberal Legality

Liberal Legality
Title Liberal Legality PDF eBook
Author Lewis D. Sargentich
Publisher Cambridge University Press
Pages 189
Release 2018-04-19
Genre Law
ISBN 1108565301

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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.

A Critical Legal Examination of Liberalism and Liberal Rights

A Critical Legal Examination of Liberalism and Liberal Rights
Title A Critical Legal Examination of Liberalism and Liberal Rights PDF eBook
Author Matthew McManus
Publisher Springer Nature
Pages 303
Release 2020-11-23
Genre Philosophy
ISBN 303061025X

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This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.

The First Civil Right

The First Civil Right
Title The First Civil Right PDF eBook
Author Naomi Murakawa
Publisher Oxford University Press, USA
Pages 281
Release 2014
Genre Law
ISBN 0199892806

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In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.

Law as Politics

Law as Politics
Title Law as Politics PDF eBook
Author David Dyzenhaus
Publisher Duke University Press
Pages 340
Release 1998
Genre Law
ISBN 9780822322443

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Articles previously published in the Canadian journal of law and jurisprudence.

The Liberal-Welfarist Law of Nations

The Liberal-Welfarist Law of Nations
Title The Liberal-Welfarist Law of Nations PDF eBook
Author Emmanuelle Jouannet
Publisher Cambridge University Press
Pages 327
Release 2012-01-26
Genre Law
ISBN 1107018943

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Emmanuelle Jouannet explores the concept of international law from the European Enlightenment to the post-Cold War world.

Revisiting Marx’s Critique of Liberalism

Revisiting Marx’s Critique of Liberalism
Title Revisiting Marx’s Critique of Liberalism PDF eBook
Author Igor Shoikhedbrod
Publisher Springer Nature
Pages 248
Release 2019-12-26
Genre Philosophy
ISBN 3030301958

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Revisiting Marx’s Critique of Liberalism offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. The book begins by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. The book then tracks the enduring legacy of Marx’s critique of liberal justice by examining how leading contemporary political theorists such as John Rawls, Jürgen Habermas, Axel Honneth, and Nancy Fraser have responded to Marx’s critique of liberalism in the face of global financial capitalism and the hollowing out of democratically-enacted law. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today.

Liberal Democracies and the Torture of Their Citizens

Liberal Democracies and the Torture of Their Citizens
Title Liberal Democracies and the Torture of Their Citizens PDF eBook
Author Cynthia Banham
Publisher Bloomsbury Publishing
Pages 271
Release 2017-02-09
Genre Law
ISBN 1509906827

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This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.