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"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.
A history of America between the years 1607 and 1980.
The Limits of Liberty chronicles the formation of the U.S.-Mexico border from the perspective of the "mobile peoples" who assisted in determining the international boundary from both sides in the mid-nineteenth century. In this historic and timely study, James David Nichols argues against the many top-down connotations that borders carry, noting that the state cannot entirely dominate the process of boundary marking. Even though there were many efforts on the part of the United States and Mexico to define the new international border as a limit, mobile peoples continued to transgress the border and cross it with impunity. Transborder migrants reimagined the dividing line as a gateway to opportunity rather than as a fence limiting their movement. Runaway slaves, Mexican debt peones, and seminomadic Native Americans saw liberty on the other side of the line and crossed in search of greater opportunity. In doing so they devised their own border epistemology that clashed with official understandings of the boundary. These divergent understandings resulted in violence with the crossing of vigilantes, soldiers, and militias in search of fugitives and runaways. The Limits of Liberty explores how the border attracted migrants from both sides and considers border-crossers together, whereas most treatments thus far have considered discrete social groups along the border. Mining Mexican archival sources, Nichols is one of the first scholars to explore the nuance of negotiation that took place between the state and mobile peoples in the formation of borders.
Friedrich Hayek was the 20th century’s most significant free market theorist. Over the course of his long career he developed an analysis of the danger that state power can pose to individual liberty. In rejecting much of the liberal tradition’s concern for social justice and democratic participation, Hayek would help clear away many intellectual obstacles to the emergence of neoliberalism in the last quarter of the 20th century. At the core of this book is a new interpretation of Hayek, one that regards him as an exponent of a neo-Roman conception of liberty and interprets his work as a form of ‘market republicanism’. It examines the contemporary context in which Hayek wrote, and places his writing in the long republican intellectual tradition. Hayek’s Market Republicanism will be of interest to advanced students and researchers across the history of economic thought, the history of political thought, political economy and political philosophy.
An index to the series "The Collected works of James M. Buchanan."
An enlightening, intensely researched examination of violations of the constitutional principles that preserve individual rights and civil liberties from courtrooms to classrooms. With telling anecdote and detail, Pulitzer Prize–winner David K. Shipler explores the territory where the Constitution meets everyday America, where legal compromises—before and since 9/11—have undermined the criminal justice system’s fairness, enhanced the executive branch’s power over citizens and immigrants, and impaired some of the freewheeling debate and protest essential in a constitutional democracy. Shipler demonstrates how the violations tamper with America’s safety in unexpected ways. While a free society takes risks to observe rights, denying rights creates other risks. A suspect’s right to silence may deprive police of a confession, but a forced confession is often false. Honoring the right to a jury trial may be cumbersome, but empowering prosecutors to coerce a guilty plea means evidence goes untested, the charge unproved. An investigation undisciplined by the Bill of Rights may jail the innocent and leave the guilty at large and dangerous. Weakened constitutional rules allow the police to waste precious resources on useless intelligence gathering and frivolous arrests. The criminal courts act less as impartial adjudicators than as conveyor belts from street to prison in a system that some disillusioned participants have nicknamed “McJustice.” There is, always, a human cost. Shipler shows us victims of torture and abuse—not only suspected terrorists at the hands of the CIA but also murder suspects interrogated by the Chicago police. We see a poverty-stricken woman forced to share an attorney with her drug dealer boyfriend and sentenced to six years in prison when the conflict of interest turns her lawyer against her. We meet high school students suspended for expressing unwelcome political opinions. And we see a pregnant immigrant deported, after years of living legally in the country, for allegedly stealing a lottery ticket. Often shocking, yet ultimately idealistic, Rights at Risk shows us the shadows of America where the civil liberties we rightly take for granted have been eroded—and summons us to reclaim them.
May you sell your vote? May you sell your kidney? May gay men pay surrogates to bear them children? May spouses pay each other to watch the kids, do the dishes, or have sex? Should we allow the rich to genetically engineer gifted, beautiful children? Should we allow betting markets on terrorist attacks and natural disasters? Most people shudder at the thought. To put some goods and services for sale offends human dignity. If everything is commodified, then nothing is sacred. The market corrodes our character. Or so most people say. In Markets without Limits, Jason Brennan and Peter Jaworski give markets a fair hearing. The market does not introduce wrongness where there was not any previously. Thus, the authors claim, the question of what rightfully may be bought and sold has a simple answer: if you may do it for free, you may do it for money. Contrary to the conservative consensus, they claim there are no inherent limits to what can be bought and sold, but only restrictions on how we buy and sell.
This book introduces readers to the concepts of political philosophy. It starts by explaining why the subject is important and how it tackles basic ethical questions such as 'how should we live together in society?' It looks at political authority, the reasons why we need politics at all, the limitations of politics, and whether there are areas of life that shouldn't be governed by politics. It explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. David Miller discusses why nations are the natural units of government and whether the rise of multiculturalism and transnational co-operation will change this: will we ever see the formation of a world government? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
divIn the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time./DIV
Set at the intersection of political theory and environmental politics, yet with broad engagement across the environmental social sciences and humanities, The Oxford Handbook of Environmental Political Theory, defines, illustrates, and challenges the field of environmental political theory (EPT). Featuring contributions from distinguished political scientists working in this field, this volume addresses canonical theorists and contemporary environmental problems with a diversity of theoretical approaches. The initial volume focuses on EPT as a field of inquiry, engaging both traditions of political thought and the academy. In the second section, the handbook explores conceptualizations of nature and the environment, as well as the nature of political subjects, communities, and boundaries within our environments. A third section addresses the values that motivate environmental theorists—including justice, responsibility, rights, limits, and flourishing—and the potential conflicts that can emerge within, between, and against these ideals. The final section examines the primary structures that constrain or enable the achievement of environmental ends, as well as theorizations of environmental movements, citizenship, and the potential for on-going environmental action and change.