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Liberal Legality

2018-04-19 Law
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Release : 2018-04-19
Genre : Law
Kind : eBook
Book Rating : 301/5 ( reviews)

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Book Synopsis Liberal Legality by : Lewis D. Sargentich

Download or read book Liberal Legality written by Lewis D. Sargentich. This book was released on 2018-04-19. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

Liberal Legality

2018-04-19 Law
Download Liberal Legality PDF Online Free

Author :
Release : 2018-04-19
Genre : Law
Kind : eBook
Book Rating : 453/5 ( reviews)

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Book Synopsis Liberal Legality by : Lewis D. Sargentich

Download or read book Liberal Legality written by Lewis D. Sargentich. This book was released on 2018-04-19. Available in PDF, EPUB and Kindle. Book excerpt: Shows that the diverse ways of reasoning and judging in our law arise from the same root: a commitment to liberal legality.

The Decline of Private Law

2019-05-02 Law
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Release : 2019-05-02
Genre : Law
Kind : eBook
Book Rating : 920/5 ( reviews)

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Book Synopsis The Decline of Private Law by : Gonçalo de Almeida Ribeiro

Download or read book The Decline of Private Law written by Gonçalo de Almeida Ribeiro. This book was released on 2019-05-02. Available in PDF, EPUB and Kindle. Book excerpt: This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

A Critical Legal Examination of Liberalism and Liberal Rights

2020-11-23 Philosophy
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Release : 2020-11-23
Genre : Philosophy
Kind : eBook
Book Rating : 25X/5 ( reviews)

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Book Synopsis A Critical Legal Examination of Liberalism and Liberal Rights by : Matthew McManus

Download or read book A Critical Legal Examination of Liberalism and Liberal Rights written by Matthew McManus. This book was released on 2020-11-23. Available in PDF, EPUB and Kindle. Book excerpt: This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity. At the opening of the 21st century a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy and a resolute commitment to economic equality.

The Theological Basis of Liberal Modernity in Montesquieu's "Spirit of the Laws"

2010-05-15 Political Science
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Release : 2010-05-15
Genre : Political Science
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Book Rating : 525/5 ( reviews)

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Book Synopsis The Theological Basis of Liberal Modernity in Montesquieu's "Spirit of the Laws" by : Thomas L. Pangle

Download or read book The Theological Basis of Liberal Modernity in Montesquieu's "Spirit of the Laws" written by Thomas L. Pangle. This book was released on 2010-05-15. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws—Montesquieu’s huge, complex, and enormously influential work—is considered one of the central texts of the Enlightenment, laying the foundation for the liberally democratic political regimes that were to embody its values. In his penetrating analysis, Thomas L. Pangle brilliantly argues that the inherently theological project of Enlightenment liberalism is made more clearly—and more consequentially— in Spirit than in any other work. In a probing and careful reading, Pangle shows how Montesquieu believed that rationalism, through the influence of liberal institutions and the spread of commercial culture, would secularize human affairs. At the same time, Pangle uncovers Montesquieu’s views about the origins of humanity’s religious impulse and his confidence that political and economic security would make people less likely to sacrifice worldly well-being for otherworldly hopes. With the interest in the theological aspects of political theory and practice showing no signs of diminishing, this book is a timely and insightful contribution to one of the key achievements of Enlightenment thought.

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