Freedom And Law

Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 50,8 Mb
Release : 1999
Category : Law
ISBN : 9780198265573

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Freedom's Law by Ronald Dworkin Pdf

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author : Alfred Thompson Denning Bar Denning
Publisher : Hassell Street Press
Page : 144 pages
File Size : 41,8 Mb
Release : 2021-09-10
Category : Electronic
ISBN : 1015072976

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Freedom Under the Law by Alfred Thompson Denning Bar Denning Pdf

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Anthony Arthur Peacock
Publisher : Rowman & Littlefield
Page : 310 pages
File Size : 42,6 Mb
Release : 2010
Category : History
ISBN : 0739136186

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Freedom and the Rule of Law by Anthony Arthur Peacock Pdf

"Freedom and the Rule of Law takes a comprehensive look at the historical beginnings of law in the United States as well as recent developments affecting the relationship between freedom and the rule of law. Although the relationship between freedom and the rule of law has been a perennial one since America's Founding, as the contributions compiled by Anthony A. Peacock in this book make clear, it is also a theme of particular importance today." --Book Jacket.

Author : Joshua Neoh
Publisher : Cambridge University Press
Page : 221 pages
File Size : 40,5 Mb
Release : 2019-07-04
Category : Law
ISBN : 9781108427654

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Law, Love and Freedom by Joshua Neoh Pdf

Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 416 pages
File Size : 55,9 Mb
Release : 2010-02-15
Category : Philosophy
ISBN : 9780674054516

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Force and Freedom by Arthur Ripstein Pdf

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley
Publisher : Routledge
Page : 230 pages
File Size : 48,8 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781351369718

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Religious Freedom and the Law by Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley Pdf

This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

Author : Kim Treiger-Bar-Am
Publisher : Routledge
Page : 217 pages
File Size : 51,7 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781000008029

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Positive Freedom and the Law by Kim Treiger-Bar-Am Pdf

This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.

Author : Marc Jonathan Blitz,Jan Christoph Bublitz
Publisher : Springer Nature
Page : 317 pages
File Size : 45,5 Mb
Release : 2021-12-06
Category : Psychology
ISBN : 9783030844943

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The Law and Ethics of Freedom of Thought, Volume 1 by Marc Jonathan Blitz,Jan Christoph Bublitz Pdf

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

Author : C.W. Maris,F.C.L.M. Jacobs
Publisher : Springer Science & Business Media
Page : 388 pages
File Size : 49,9 Mb
Release : 2011-09-08
Category : Philosophy
ISBN : 9400714572

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Law, Order and Freedom by C.W. Maris,F.C.L.M. Jacobs Pdf

The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

Author : John H. Barton
Publisher : Stanford University Press
Page : 281 pages
File Size : 53,7 Mb
Release : 2014-04-16
Category : Law
ISBN : 9780804791083

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International Law and the Future of Freedom by John H. Barton Pdf

International Law and The Future of Freedom is the late John Barton's exploration into ways to protect our freedoms in the new global international order. This book forges a unique approach to the problem of democracy deficit in the international legal system as a whole—looking at how international law concretely affects actual governance. The book draws from the author's unparalleled mastery of international trade, technology, and financial law, as well as from a wide array of other legal issues, from espionage law, to international criminal law, to human rights law. The book defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. Barton explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.

Author : Eric Barendt
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 44,6 Mb
Release : 2010-11-19
Category : Law
ISBN : 9781847316103

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Academic Freedom and the Law by Eric Barendt Pdf

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

Author : Martin V.B.P.M. van Hees
Publisher : Springer Science & Business Media
Page : 189 pages
File Size : 49,8 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401094535

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Legal Reductionism and Freedom by Martin V.B.P.M. van Hees Pdf

Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 49,7 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Author : Jedediah Purdy
Publisher : Yale University Press
Page : 240 pages
File Size : 50,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780300156164

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The Meaning of Property by Jedediah Purdy Pdf

From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.