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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.
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
Revolutionises our understanding of Hobbes's influence over Locke and their roles within the history of religious freedom and liberalism.
A history of America between the years 1607 and 1980.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality.
Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.
The Limits of Reason in Hobbes's Commonwealth explores Hobbes's attempt to construct a political philosophy of enduring peace on the foundation of the rational individual. Hobbes's rational individual, motivated by self-preservation, obeys the laws of the commonwealth and thus is conceived as the model citizen. Yet Hobbes intimates that there are limits to what such an actor will do for peace, and that the glory-seeker - "too rarely found to be presumed on" - is capable of a generosity that is necessary for political longevity. Michael P. Krom identifies this as a fundamental contradiction in Hobbes's system: he builds the commonwealth on the rational actor, yet acknowledges the need for the irrational glory-seeker. Krom argues that Hobbes's attempt to establish a "king of the proud" fails to overcome the limits of reason and the precariousness of politics. This book synthesizes recent work on Hobbes's understanding of glory and political stability, challenging the view that Hobbes succeeds in incorporating glory-seekers into his political theory and explores the implications of this for contemporary political philosophy after Rawls.