Law, Order and Freedom

Law, Order and Freedom
Title Law, Order and Freedom PDF eBook
Author C.W. Maris
Publisher Springer Science & Business Media
Pages 399
Release 2011-09-08
Genre Philosophy
ISBN 9400714572

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The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

Force and Freedom

Force and Freedom
Title Force and Freedom PDF eBook
Author Arthur Ripstein
Publisher Harvard University Press
Pages 416
Release 2010-02-15
Genre Philosophy
ISBN 0674054512

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In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Law, Love and Freedom

Law, Love and Freedom
Title Law, Love and Freedom PDF eBook
Author Joshua Neoh
Publisher Cambridge University Press
Pages 221
Release 2019-07-04
Genre Law
ISBN 1108427650

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Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.

Justice; the Crisis of Law, Order, and Freedom in America

Justice; the Crisis of Law, Order, and Freedom in America
Title Justice; the Crisis of Law, Order, and Freedom in America PDF eBook
Author Richard Harris
Publisher
Pages 280
Release 1970
Genre
ISBN

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Freedom, State Security, and the Rule of Law

Freedom, State Security, and the Rule of Law
Title Freedom, State Security, and the Rule of Law PDF eBook
Author Anthony S. Mathews
Publisher Univ of California Press
Pages 348
Release 1986-01-01
Genre Political Science
ISBN 9780520061354

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Freedom's Right

Freedom's Right
Title Freedom's Right PDF eBook
Author Axel Honneth
Publisher Columbia University Press
Pages 423
Release 2014-02-11
Genre Philosophy
ISBN 0231530854

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Theories of justice often fixate on purely normative, abstract principles unrelated to real-world situations. The philosopher and theorist Axel Honneth addresses this disconnect, and constructs a theory of justice derived from the normative claims of Western liberal-democratic societies and anchored in morally legitimate laws and institutionally established practices. Honneth’s paradigm—which he terms “a democratic ethical life”—draws on the spirit of Hegel’s Philosophy of Right and his own theory of recognition, demonstrating how concrete social spheres generate the principles of individual freedom and a standard for what is just. Using social analysis to re-found a more grounded theory of justice, he argues that all crucial actions in Western civilization, whether in personal relationships, market-induced economic activities, or the public forum of politics, share one defining characteristic: they require the realization of a particular aspect of individual freedom. This fundamental truth informs the guiding principles of justice, grounding and enabling a wide-ranging reconsideration of its nature and application.

The Spirit of Freedom

The Spirit of Freedom
Title The Spirit of Freedom PDF eBook
Author Charles Villa-Vicencio
Publisher Univ of California Press
Pages 335
Release 1996-10-08
Genre History
ISBN 0520200454

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This collection of interviews explores the role of religion in the lives of eminent South Africans who led the struggle against apartheid. Nelson Mandela, Chris Hani, Desmond Tutu, Nadine Gordimer, and seventeen other political, religious, and cultural leaders share the beliefs and values that informed the moral positions they adopted, often at great cost. From all ethnic, religious, and political backgrounds, these men and women have shaped one of the greatest political transformations of the century. What emerges from the interviews are reflections on all aspects of life in an embattled country. There are stories of the homelands and townships, and tales of imprisonment and exile. Dedicated communists relate their intense youthful devotion to Christianity; Muslim activists discuss the complexity of their relationships with their communities. As the respondents grapple with difficult questions about faith, politics, and authority, they expose a more personal picture: of their daily lives, of their pasts, and of the enormous conflicts that arise in a society that continually strains the moral fiber of its citizens. Taken together, these interviews reveal the many-faceted vision that has fueled South Africa's struggle for democracy.