Design for Liberty

Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 9780674061842
Release Date: 2011-11-15
Genre: Law

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

Design for Liberty

Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 9780674063051
Release Date: 2011-11-29
Genre: Law

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

Mortal Peril

Author: Richard A. Epstein
Publisher: Basic Books
ISBN: 0738201898
Release Date: 1999
Genre: Medical

Examines the social and financial benefits of an unregulated healthcare system while offering examples of how present day regulations are affecting medical care from being provided in specific areas. Reprint.

The Rule of Law and the Measure of Property

Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 9781107024465
Release Date: 2012-06-21
Genre: Law

A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.

Private Law and the Rule of Law

Author: Lisa M Austin
Publisher: OUP Oxford
ISBN: 9780191045561
Release Date: 2014-12-18
Genre: Law

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Legal Reforms and Deprivation of Liberty in Contemporary China

Author: Elisa Nesossi
Publisher: Routledge
ISBN: 9781317106067
Release Date: 2016-06-03
Genre: Law

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

The Classical Liberal Constitution

Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 9780674727809
Release Date: 2014-01-01
Genre: Law

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

University of Chicago Law Review

Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 9781610278966
Release Date: 2013-04
Genre: Law

A leading law review offers a quality eBook edition. This first issue of 2013 (Winter 2013, Volume 80) features articles and essays from internationally recognized legal and immigration policy scholars, including an extensive Symposium on immigration and its issues of policy, law, and administrative process in the United States. In addition, the issue includes articles by scholars and student-editors on other issues of law and policy. The issue serves, in effect, as a new and extensive book on cutting-edge issues of immigration law and policy in the United States by renowned researchers in the field. It is presented in modern eBook format and features active Tables of Contents; linked footnotes and URLs; careful digital presentation; and legible tables and images.

Inventing Freedom

Author: Daniel Hannan
Publisher: Harper Collins
ISBN: 9780062231758
Release Date: 2013-11-19
Genre: Political Science

British politician Daniel Hannan's Inventing Freedom is an ambitious account of the historical origin and spread of the principles that have made America great, and their role in creating a sphere of economic and political liberty that is as crucial as it is imperiled. According to Hannan, the ideas and institutions we consider essential to maintaining and preserving our freedoms—individual rights, private property, the rule of law, and the institutions of representative government—are the legacy of a very specific tradition that was born in England and that we Americans, along with other former British colonies, inherited. By the tenth century, England was a nation-state whose people were already starting to define themselves with reference to inherited common-law rights. The story of liberty is the story of how that model triumphed. How it was enshrined in a series of landmark victories—the Magna Carta, the English Civil War, the Glorious Revolution, the U.S. Constitution—and how it came to defeat every international rival. Today we see those ideas abandoned and scorned in the places where they once went unchallenged. Inventing Freedom is a chronicle of the success of Anglosphere exceptionalism. And it is offered at a time that may turn out to be the end of the age of political freedom.

Creating the Administrative Constitution

Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 9780300183474
Release Date: 2012-06-26
Genre: Law

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

The System of the Constitution

Author: Adrian Vermeule
Publisher: Oxford University Press
ISBN: 9780190208004
Release Date: 2011-12-30
Genre: Political Science

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.

Modern Liberty And the Limits of Government Issues of Our Time

Author: Charles Fried
Publisher: W. W. Norton & Company
ISBN: 9780393077735
Release Date: 2011-02-07
Genre: Political Science

“An erudite, sharp-tongued libertarian, eager to do battle with censors, regulators ... and sanctimonious busybodies of every stripe.”—New York Times In this impassioned defense of liberty, renowned Harvard law professor Charles Fried argues that the seemingly unimpeachable goals of equality and community are often the most potent rivals of freedom. Declared a “spirited, sophisticated manifesto” by the New York Times Book Review, Modern Liberty demonstrates how the dense tangle of government regulations both supports and threatens our personal liberties. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would, even with the best intentions, restrict their liberty.

The Law of Nations

Author: Emer de Vattel
Publisher:
ISBN: PRNC:32101077787958
Release Date: 1805
Genre: International law