The Structure of Liberty: Justice and the Rule of Law - Brossura

Barnett, Randy E.

Brossura

ISBN 10: 0198297297 ISBN 13: 9780198297291

Casa editrice: OUP Oxford, 2000

Riassunto

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 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. 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.

Su questo libro

Recensione:

Devotees of intellectual fashion whose copies ofThe Constitution of Liberty and Law, Legislation and Liberty lie gathering dust will find themselves driven to open them again as a result of this book. Fortunately, this book is altogether more engaging and better written than some of those who have influenced it most. (William Lucy, Political Studies.Vol 47. No.5.Dec99.)

Randy Barnett defends libertarian principles of justice on rule consequentialist grounds. He also includes fascinating concrete descriptions of how these principles could be implemented in a society with little or no government as we know it ... Given the superb job that Barnett does on analyzing key ideas and defending key arguments, the book should be of interest to anyone with interests in libertarianism, indirect consequentialism, or applied political philosophy generally. (Peter Vallentyne, MIND 109, 433 January 2000)

"Randy Barnett's The Structure of Liberty is an ambitious and important contribution to the classical liberal tradition which aims not only to reinforce the basic tenets of that tradition but also to push it in a certain direction: towards the privatization of law and order, or what is more commonly known as anarco-capitalism." "I find his book well-argued and worthy of attention on the part of both the the defenders and the detractors of classical liberalism." Ian Carter, Università degli Studi di Pavia, June 2000

L'autore:

Randy E. Barnett is the Austin B. Fletcher Professor at Boston University School of Law. Before entering teaching, he served as criminal prosecutor for the Cook County State's Attorney's Office in Chicago, Illinois where he tried many felony cases. He has held positions as a Visiting Professor at Harvard Law School, Northwestern University Law School, and the Universidad Francisco Maraquin School of Law in Guatemala. He has taught contracts, constitutional theory, criminal law, evidence, agency and partnership, and jurisprudence. He has written numerous books on legal theory and has also written in opposition to the current regime of drug prohibition.

Su questa edizione

• Editore: OUP Oxford
• Data di pubblicazione: 2000
• ISBN 10: 0198297297
• ISBN 13: 9780198297291
• Rilegatura: Copertina flessibile
• Numero di pagine: 362