Law, Legislation and Liberty

Law, Legislation and Liberty
Author: F.A. Hayek
Publisher: Routledge
Total Pages: 645
Release: 2013-10-15
Genre: Business & Economics
ISBN: 1134524390

Combines all three volumes of Hayek's comprehensive study of the basic principles of the political order of free society: Rules and Order, The Mirage of Social Justice and The Political Order of a Free Society. 'A careful and brilliant statement of the conditions of human freedom. It is a major work of political and economic philosophy which sets terms that neither its friends or critics can ignore.' - THES

Law, Legislation and Liberty, Volume 3

Law, Legislation and Liberty, Volume 3
Author: F. A. Hayek
Publisher: University of Chicago Press
Total Pages: 261
Release: 1978
Genre: Business & Economics
ISBN: 0226320901

This work provides a study of American women's responses to evolutionary theory and illuminates the role science played in the nineteenth-century women's rights movement. Here the author reveals how a number of nineteenth-century women, raised on the idea that Eve's sin forever fixed women's subordinate status, embraced Darwinian evolution, especially sexual selection theory as explained in The Descent of Man, as an alternative to the creation story in Genesis. The author chronicles the lives and writings of the women who combined their enthusiasm for evolutionary science with their commitment to women's rights, including Antoinette Brown Blackwell, Eliza Burt Gamble, Helen Hamilton Gardener, Charlotte Perkins Gilman, and Elizabeth Cady Stanton. These Darwinian feminists believed evolutionary science proved that women were not inferior to men, that it was natural for mothers to work outside the home, and that women should control reproduction. The practical applications of this evolutionary feminism came to fruition, it si shown, in the early thinking and writing of the American birth control pioneer Margaret Sanger. In contrast to the extensive scholarship that has been dedicated to analyzing what Darwin and other males evolutionists had to say about women, this work offers information on what women themselves had to say about evolution. -- From book jacket.

The Mirage of Social Justice

The Mirage of Social Justice
Author: Friedrich August Hayek
Publisher: Routledge
Total Pages: 195
Release: 1976-01-01
Genre: Democracy
ISBN: 9780710084033

This is a three-part study of the relations between law and liberty. Volume 1 deals with the basic conceptions necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy. In volume 2, the author examines the theories of utilitariansim and legal positivism and considers the concept of 'social justice.' He shows this ideal to be devoid of meaning and therefore a most harmful and dangerous cause of the mis-direction of well-meant efforts: he demonstrates that it is a remnant of the tribal ethics of a closed society and whooly incompatible with the individual freedom whih the Open Society promises. In the final volume, Hayek analyses and discards modern sociobiological theories of morality and social conduct, demonstrating that man's behaviour pattern has been determined more by custom than by the exercise of reason, and that mind and culture therefore developed concurrently and not successively. He shows how the democratic ideal is in danger of miscarrying due to the erroneous assumptions that there can be moral standards without moral discipline, that the element of tradition can be ignored in proposals for restructuring society, and the way in which the disctinct ideals of egalitarianism and democracy are increasingly confused.

Law, Liberty, and the Rule of Law

Law, Liberty, and the Rule of Law
Author: Imer B. Flores
Publisher: Springer Science & Business Media
Total Pages: 196
Release: 2012-09-29
Genre: Philosophy
ISBN: 940074742X

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

The Constitution of Liberty

The Constitution of Liberty
Author: F.A. Hayek
Publisher: Routledge
Total Pages: 588
Release: 2020-06-29
Genre: Business & Economics
ISBN: 0429637977

Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.

Law, Liberty and State

Law, Liberty and State
Author: David Dyzenhaus
Publisher: Cambridge University Press
Total Pages: 349
Release: 2015-05-28
Genre: Business & Economics
ISBN: 1107093384

This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.

Common-law Liberty

Common-law Liberty
Author: James Reist Stoner
Publisher:
Total Pages: 230
Release: 2003
Genre: Law
ISBN:

In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Design for Liberty

Design for Liberty
Author: Richard A. Epstein
Publisher: Harvard University Press
Total Pages: 247
Release: 2011-11-15
Genre: Law
ISBN: 0674063058

Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.