Constructing Basic Liberties

Constructing Basic Liberties

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  • Author: James E. Fleming
  • Publisher: University of Chicago Press
  • ISBN: 0226821404
  • Category : Law
  • Languages : en
  • Pages : 285

A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is substantive due process on a slippery slope to "the end of all morals legislation"? ; Is moral disapproval enough to justify traditional morals legislation -- Substantive due process does not enact a utopian economic or moral theory. The ghost of Lochner v. New York ; Does substantive due process enact Mill's On Liberty? -- Conflicts between liberty and equality. The grounds for protecting basic liberties: liberty together with equality ; Accommodating gay and lesbian rights and religious liberty -- The future. The future of substantive due process.


Private Property, Freedom, and Order

Private Property, Freedom, and Order

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  • Author: Mehmet Kanatli
  • Publisher: Taylor & Francis
  • ISBN: 1000507130
  • Category : Political Science
  • Languages : en
  • Pages : 160

This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism’s impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political ‘layers’ within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.


Ordered Liberty

Ordered Liberty

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  • Author: James E. Fleming
  • Publisher: Harvard University Press
  • ISBN: 9780674059108
  • Category : Law
  • Languages : en
  • Pages : 0

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.


What's Left of Liberalism?

What's Left of Liberalism?

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  • Author: Jon Mandle
  • Publisher:
  • ISBN:
  • Category : Free enterprise
  • Languages : en
  • Pages : 344

The left's reluctance to embrace political liberalism is based, in part, on the persistent misunderstandings of justice as fairness. In What's Left of Liberalism? Jon Mandle provides a systematic overview of the theory, discussing its basic structure and describing the models of society and the person, as well as the idea of public reason, that it supports. Mandle also considers the challenges posed to political liberalism by communitarianism and postmodernism, offering critiques of theorists such as Edmund Burke, Michael Oakeshott, and Roger Scruton; and Jacques Derrida, Richard Rorty, and Michel Foucault. Scholars will find Mandle's arguments thought-provoking, while students will find his clarification of Rawls a useful supplement to the original texts.


Constructing the Public

Constructing the Public

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  • Author: Karin Wahl-Jorgensen
  • Publisher:
  • ISBN:
  • Category :
  • Languages : en
  • Pages : 472


Constructing China

Constructing China

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  • Author: Kenneth Lieberthal
  • Publisher: U of M Center for Chinese Studies
  • ISBN:
  • Category : History
  • Languages : en
  • Pages : 368

A festschrift honoring four senior faculty retiring from the UM Center for Chinese Studies


On Liberty and Peace: Liberty

On Liberty and Peace: Liberty

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  • Author: Matt Edge
  • Publisher: Societas: Essays in Political
  • ISBN:
  • Category : Philosophy
  • Languages : en
  • Pages : 150

The author writes: In this project I set out to provide an answer to two fundamental questions of political philosophy. How can human beings live together, in conditions of co-operation over time, enjoying what Kant famously called 'perpetual peace'? And how much individual freedom can we expect?


Critical Theory and Democratic Vision

Critical Theory and Democratic Vision

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  • Author: Arnold L. Farr
  • Publisher:
  • ISBN:
  • Category : Philosophy
  • Languages : en
  • Pages : 204

dialogue with what Farr calls recent liberation philosophies such as feminism and African-American philosophy. All of these forms ofphilosophy are driven by a democratic impulse whereby we realize that there are many social groups that have been excluded from the democratic decision-making process." --Book Jacket.


Constructing and Controlling the Sexually Violent Predator

Constructing and Controlling the Sexually Violent Predator

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  • Author: Tamara Rice Lave
  • Publisher:
  • ISBN:
  • Category :
  • Languages : en
  • Pages : 584


Justice for All

Justice for All

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  • Author: Christie J. Hartley
  • Publisher:
  • ISBN:
  • Category :
  • Languages : en
  • Pages : 372