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This book offers a multidisciplinary account of the 'rule of law' as a central pillar of the classical liberal tradition. The authors analyze the original meaning of this expression as first introduced by British jurist A. V. Dicey, before examining its subsequent elaboration by Leoni, Fuller, Hayek and Oakeshott. Addressing the main philosophical and legal aspects of the rule of law, this volume will appeal to all those engaged in law, political theory, philosophy, economics, business ethics, and public policy.
Joao Carlos Espada's provocative survey of a group of key Anglo-American and European political thinkers argues that there is a distinctive, Anglo-American tradition of liberty that is one of the core pillars of the Free World. Giving a broad overview of the tradition through summaries of the careers and ideas of fourteen of its key thinkers, neglected despite having been tremendously influential in the tradition of liberty, the author engages with current set ideas about the meaning of 'liberal' and 'conservative' to offer an engaging, intellectual case for liberal democracy.
James Stoner's purpose is an ambitious one: to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift. Through close study of liberal political philosopher Thomas Hobbes and the writings of Edward Coke, a seventeenth-century judge and parliamentarian whose opinion in Doctor Bonham's Case (1610) was once viewed as a precedent for the modern practice of judicial review, Stoner establishes a dialogue between two schools of thought. The contrast that emerges between liberalism, with its scientific ambitions, and common law opens up a fresh perspective on the foundations of the American regime. Common law is grounded in precedent and local tradition as well as reason; it stresses community. Liberal political theory is based on abstract, rational principles; it stresses individualism. To overlook the common law roots of American constitutionalism, then, is to ignore a tradition that is more contextual and historical, more flexible yet more respectful of the wisdom of tradition or experience, less individualistic and more emphatic about responsibility than is the liberal philosophic tradition. In Common Law and Liberal Theory, Stoner reexamines the sources of judicial review and the American founding. He focuses on Hobbes and Coke as representative of the two traditions, but also includes chapters on Locke, Montesquieu, Blackstone, and the Federalists. His careful reading of the influences of and conflicts between liberalism and common law will cast new light on the controversy over the origins of American constitutionalism.
Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
A central task in contemporary political philosophy is to identify principles governing political life where citizens disagree deeply on important questions of value and, more generally, about the proper ends of life. The distinctively liberal response to this challenge insists that the state should as far as possible avoid relying on such contested issues in its basic structure and deliberations. David McCabe critically surveys influential defenses of the liberal solution and advocates modus vivendi liberalism as an alternative defense of the liberal state. Acknowledging that the modus vivendi approach does not provide the deep moral consensus that many liberals demand, he defends the liberal state as an acceptable compromise among citizens who will continue to see it as less than ideal. His book will interest a wide range of readers in political philosophy and political theory.
Freedom and Political Order explores the traditional meaning of freedom in the American experience and its relation to other characteristically American values and institutions. Such an exploration necessarily touches upon relevant historical experience, but it extends beyond a history of freedom toward wider fields of inquiry, including and especially, moral and political philosophy. Political philosophers throughout the ages have been concerned with a question of perennial significance to human experience: what are the rules that ought to govern human relations in society or, less formally, how should human beings treat one another? Such a question is unavoidable for human beings. Its necessity derives from the nature of things, from the fact that human existence is essentially social or political existence. The rare Robinson Crusoe aside, ‘No man is an island’, and from birth to death every person encounters other human beings with whom he must interact. Every society has thus established rules regarding the ethical treatment of human beings, rules embodied in the various moral, legal, and political orders developed within human history. The formal discipline of political philosophy aims to explore and identify the proper substance of such rules. The philosophy of freedom elaborated herein is the traditional American response to the perennial question of politics so conceived. A comprehensive exploration of American political philosophy is by nature a work of scholarship. The book carefully examines the meaning of freedom and other natural rights; their relation to the Rule of Law; the nature and purpose of government as embodied in the American social contract; the relation between the liberal and democratic elements of American liberal democracy; and various assumptions underlying the Framers’ constitutional design. The study, however, is not intended exclusively for professional scholars but also for the general public and students of American government and society. Thomas Jefferson once pointedly warned that “a nation that expects to be ignorant and free . . . expects what never was and never will be.” The work thus aims not only to bring to light the fundamental values and institutions of traditional American society but, in so doing, assist in their preservation.
Originally published in 1968. This book presents the synthesis of a coherent view of the Lockeian argument from his various works. This tests the inner consistency of Locke’s political theory against his own examples from history. The layers of Locke’s argumentation are analysed on metaphysics in the first part, his attitude towards historical precedents in the second, and in the third with the nature of the regime which he was ready to endorse. This provides the guidelines for a comprehensive reassessment of the liberal tradition, as well as an evaluation of what is still vital to it.
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.