Law Order And Freedom
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Law Order And Freedom
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Author : C.W. Maris
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-08
Law Order And Freedom written by C.W. Maris and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-08 with Philosophy categories.
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.
Justice
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Author : Richard Harris
language : en
Publisher:
Release Date : 1970
Justice written by Richard Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Justice, Administration of categories.
Punishment And Freedom
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Author : Alan Brudner
language : en
Publisher: OUP Oxford
Release Date : 2009-07-16
Punishment And Freedom written by Alan Brudner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-16 with Law categories.
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Law Love And Freedom
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Author : Joshua Neoh
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-04
Law Love And Freedom written by Joshua Neoh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-04 with Law categories.
Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.
Law Order And Liberty In South Africa
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Author : Anthony S. Mathews
language : en
Publisher: Univ of California Press
Release Date : 1972
Law Order And Liberty In South Africa written by Anthony S. Mathews and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Law categories.
Critical analysis of civil law and criminal law in South Africa R, with particular reference to internal security laws restricting the civil rights of persons (esp. Africans) expressing political opposition to Apartheid institutions - compares the South African political system with the western pattern of democracy, comments on legislation regarding the suppression of communism, etc., and includes a brief comparison of USA federal law. References.
Freedom Anarchy And The Law
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Author : Richard Taylor
language : en
Publisher:
Release Date : 1982
Freedom Anarchy And The Law written by Richard Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Political Science categories.
What is the purpose and justification of government? Upon what grounds is a regime considered legitimate? These perennial questions take on added significance at a time when legislative paternalism produces regulations which conflict with individual freedom of choice; special interest groups demand not only to be heard but to have their ideals given the force of law; and when there exists a clear and present danger that the actions of government may threaten the very persons it was designed to protect. Richard Taylor argues that we must find "the role of government which is least incompatible with freedom and at the same time adequate to the basic needs of protection." Of course, many questions arise when pursuing this goal. What principle(s) should guide us in our quest? Recognizing that government is a coercive force, what restrictions could be placed upon the power of the state without rendering it impotent? Can individual freedom of expression be conciled with the actions of social groups which seek to impose their will on others? Should government's power be used to protect individuals from the consequences of their own freely chosen actions, especially when these consequences impact only upon the individuals themselves? What is the appropriate scope and range of the government's protective powers; to what lengths may a political regime go to protect its citizenry? Professor Taylor confronts these complex questions with clarity, candor and conviction. His analytic mind slices through tangled issues to expose the core of each problem. He argues forcefully for the position that effective government is minimal government. The primary function of political regimes should be to protect citizens from one another and from outside enemies. Beyond this basic role each additional exercise of the state's coercive power must be carefully scrutinized.
Freedom State Security And The Rule Of Law
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Author : Anthony S. Mathews
language : en
Publisher: Univ of California Press
Release Date : 1986-01-01
Freedom State Security And The Rule Of Law written by Anthony S. Mathews and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-01-01 with Political Science categories.
International Law And The Future Of Freedom
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Author : John H. Barton
language : en
Publisher: Stanford University Press
Release Date : 2014-04-16
International Law And The Future Of Freedom written by John H. Barton and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-16 with Law categories.
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.
Legal Reductionism And Freedom
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Author : Martin V.B.P.M. van Hees
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Reductionism And Freedom written by Martin V.B.P.M. van Hees and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
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.
Freedom Under The Law
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Author : Alfred Thompson Denning Bar Denning
language : en
Publisher: Hassell Street Press
Release Date : 2021-09-10
Freedom Under The Law written by Alfred Thompson Denning Bar Denning and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-10 with categories.
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.