Law And Liberty

Author : Allen D. Boyer
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2004
Category : Law
ISBN : 0865974268

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Law, Liberty, and Parliament by Allen D. Boyer Pdf

Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.

Author : Imer B. Flores,Kenneth E. Himma
Publisher : Springer Science & Business Media
Page : 196 pages
File Size : 40,8 Mb
Release : 2012-09-29
Category : Philosophy
ISBN : 9789400747425

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Law, Liberty, and the Rule of Law by Imer B. Flores,Kenneth E. Himma Pdf

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.

Author : Iain T. Benson,Barry W. Bussey
Publisher : Unknown
Page : 430 pages
File Size : 53,7 Mb
Release : 2017-09
Category : Freedom of religion
ISBN : 0433495626

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Religion, Liberty and the Jurisdictional Limits of Law by Iain T. Benson,Barry W. Bussey Pdf

In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
Page : 364 pages
File Size : 48,7 Mb
Release : 2015
Category : Law
ISBN : 9781783270118

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Law, Liberty and the Constitution by Harry Potter Pdf

Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

Author : David Dyzenhaus,Thomas Poole,Thomas M. Poole
Publisher : Cambridge University Press
Page : 349 pages
File Size : 50,9 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781107093386

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Law, Liberty and State by David Dyzenhaus,Thomas Poole,Thomas M. Poole Pdf

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

Author : F. A. Hayek
Publisher : University of Chicago Press
Page : 193 pages
File Size : 47,9 Mb
Release : 1978-02-15
Category : Business & Economics
ISBN : 9780226320861

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Law, Legislation and Liberty, Volume 1 by F. A. Hayek Pdf

This volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.

Author : F.A. Hayek
Publisher : University of Chicago Press
Page : 612 pages
File Size : 43,6 Mb
Release : 2022-01-24
Category : Political Science
ISBN : 9780226782003

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Law, Legislation, and Liberty, Volume 19 by F.A. Hayek Pdf

A new edition of F. A. Hayek’s three-part opus Law, Legislation, and Liberty, collated in a single volume In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview. These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom. Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.

Author : H. L. A. Hart
Publisher : Unknown
Page : 272 pages
File Size : 48,9 Mb
Release : 1982
Category : Jurisprudence
ISBN : OCLC:935229626

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Law, Liberty and Morality ... by H. L. A. Hart Pdf

Author : Redpath Alan
Publisher : Unknown
Page : 128 pages
File Size : 44,8 Mb
Release : 1981-01-01
Category : Electronic
ISBN : 0800784472

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Law and Liberty by Redpath Alan Pdf

Author : James Norman Dalrymple Anderson
Publisher : Stevens Publishing
Page : 164 pages
File Size : 48,9 Mb
Release : 1978
Category : Civil rights
ISBN : UIUC:30112021627432

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Liberty, Law, and Justice by James Norman Dalrymple Anderson Pdf

Author : Trevor R. S. Allan
Publisher : Oxford University Press, USA
Page : 324 pages
File Size : 46,6 Mb
Release : 1993
Category : Language Arts & Disciplines
ISBN : IND:30000047386382

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Law, Liberty, and Justice by Trevor R. S. Allan Pdf

In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
Page : 363 pages
File Size : 40,7 Mb
Release : 1998-04-02
Category : Political Science
ISBN : 9780191522048

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The Structure of Liberty : Justice and the Rule of Law by Randy E. Barnett Pdf

In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Author : David Dyzenhaus,Thomas Poole
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,7 Mb
Release : 2017-02-02
Category : Law
ISBN : 110747227X

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Law, Liberty and State by David Dyzenhaus,Thomas Poole Pdf

Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.

Author : Richard A. Epstein
Publisher : Routledge
Page : 367 pages
File Size : 45,7 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699307

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Modern Understandings of Liberty and Property by Richard A. Epstein Pdf

First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.

Author : Benjamin Hale
Publisher : Unknown
Page : 54 pages
File Size : 45,7 Mb
Release : 1838
Category : Liberty
ISBN : UOM:35112203493996

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Liberty and Law by Benjamin Hale Pdf