Both within Australia and internationally, the legal profession and society more widely increasingly encounter issues that test the relationship between law, liberty and human rights. Assembling contributions from a team of international scholars, the 2nd edition of this edited text gathers together both longstanding theories and recent jurisprudential thinking to examine, from different theoretical and philosophical perspectives, the connection between law and liberty. Not every type of legal and constitutional system secures liberty. The contributors to the book investigate the liberal legal tradition from Aristotle to the present day scholars to illuminate the intellectual foundations of a liberal legal order and the challenges that face it today. It draws on the great jurisprudential traditions in addressing issues concerning liberty, including classical natural law theory, legal positivism, utilitarianism, evolutionary theory, economic analysis of law, republican theory, institutional theory and Hohfeldian analysis of fundamental legal conceptions. In addition, the book deals with contemporary threats to liberty, including those arising from terrorist movements, the Global Financial Crisis and the erosion of property rights through regulatory takings.
Abstract concepts and complex issues are presented in a manner that makes them readily accessible to lawyers, academics, policy makers, and students of law, jurisprudence, philosophy and political science.
Features and benefits:
- A unique, edited collection of essays by eminent international and Australian scholars.
- Includes contributions covering traditional jurisprudential theory and topical subjects.
- An outstanding text or research tool.
Table of contents
- Law, Legal Theory and Liberty Suri Ratnapala and Gabriël A Moens
Part 1: Constitutionalism and Liberty
- Republican Liberty M N S Sellers
- Separation of Powers: The Cornerstone of Liberty under Law Suri Ratnapala
- Rule of Law and the Democratic World Order Geoffrey de Q Walker
- Enforcing the Bill of Rights in the United States Lael Daniel Weinberger
- Legal Culture and the Rule of Law in Latin America Augusto Zimmermann
Part 2: Liberty and the Evolutionary Tradition in Jurisprudence
- Hayek's Theory of Rules and the Modern State Viktor Vanberg
- Spontaneous Order and Rule of Law: Some Problems Neil MacCormick
- Law as a Knowledge Process Suri Ratnapala
- Dworkin, Hayek and the Declaratory Counter-Revolution Alan Fogg
Part 3: Natural Law and the Defence of Liberty
- Finnis on Liberty Nicholas Aroney and Bradley Miller
- The German Border Guard Cases: Natural Law and the Duty to Disobey Immoral Laws Gabriël A Moens
- The Jurisprudential Battle over the Character of a Nation William Wagner
Part 4: Utilitarian and Economic Theories of Law
- Utilitarianism and Liberty James Allan
- Liberty, Law and Economics R Ian McEwin
- Law as Voluntary Enterprise Francesco Parisi
Part 5: Contemporary Threats to Freedom under Law
- Contemporary Radicalism and Legal Theory Alice Erh-Soon Tay and Eugene Kamenka
- The Financial Meltdown and its Threat to Freedom under the Law Marc de Vos
Part 6: Rights and Liberties
- Connecting the Hohfeldian Boxes: Towards a Technical Definition of Liberty Ben Brazil
- The Erosion of Property Rights and its Effect on Individual Liberty Lorraine Finlay