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.

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: Friedrich A. Hayek
Publisher: University of Chicago Press
Total Pages: 261
Release: 2011-03-21
Genre: Business & Economics
ISBN: 0226321266

Incisive, straightforward, and eloquent, this third and concluding volume of F. A. Hayek's comprehensive assessment of the basic political principles which order and sustain free societies contains the clearest and most uncompromising exposition of the political philosophy of one of the world's foremost economists.

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.

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 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.

Taking Rights Seriously

Taking Rights Seriously
Author: Ronald Dworkin
Publisher: A&C Black
Total Pages: 457
Release: 2013-10-21
Genre: Philosophy
ISBN: 1780938330

A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

Getting to the Rule of Law

Getting to the Rule of Law
Author: James E. Fleming
Publisher: NYU Press
Total Pages: 310
Release: 2011-09-01
Genre: Political Science
ISBN: 0814728448

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Liberty and Security

Liberty and Security
Author: Conor Gearty
Publisher: John Wiley & Sons
Total Pages: 108
Release: 2013-04-03
Genre: Political Science
ISBN: 0745669980

All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.