- Table View
- List View
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberale Eugenik?: Kritik der selektiven Reproduktion
by Robert RanischAnwendungen der Gendiagnostik und Reproduktionsmedizin erlauben es Wunscheltern, immer weiter auf das Erbgut ihrer Nachkommen Einfluss zu nehmen. Eine solche „liberale Eugenik“ wird mittlerweile auch in der Philosophie und Bioethik befürwortet. Wo liegen aber die Ursprünge eines solchen Denkens und wie ist eine umfassende Fortpflanzungsfreiheit zu bewerten? Ausgehend von einer freiheitlichen Ethik leistet die Studie eine immanente Kritik an der liberalen Eugenik und entwirft dabei eine eigene Position zum Umgang mit neuen gentechnischen Möglichkeiten.
The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets: An Analysis of the Regulatory Framework in Uganda (Munich Studies on Innovation and Competition #6)
by Rachel AlemuThis study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.
Liberalism: New Essays on Liberal Themes
by SusanDimock JanNarvesonNo theory is more passionately and widely defined, or decried, than is liberalism in contemporary Anglo-American philosophy. But what is this theory, on which so much ink is spilled? This collection of original essays by leading specialists in political philosophy, legal theory, and economics offers answers to that question, by exploring the theoretical commitments of liberals and some of the practical implications of their view. Among the topics explored is the distinction between liberalism and conservatism, and the degree to which liberals must be committed to neutrality, individualism, equality, freedom, and a contractarian theory of justification. The practical implications of liberalism are further examined by considerations of the proper role of the liberal state in undertaking egalitarian redistribution, the provision of public goods, and retributive punishment. The papers assembled by Narveson and Dimock will be of benefit to anyone working in the areas of political philosophy, political theory, or political economics.
Liberalism and Distributive Justice
by Samuel FreemanSamuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. Liberalism and Distributive Justice offers a series of Freeman's essays in contemporary political philosophy on three different forms of liberalism-classical liberalism, libertarianism, and the high liberal tradition--and their relation to capitalism, the welfare state, and economic justice.
Liberalism And The Limits Of Justice (PDF)
by Michael J. SandelA liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows.
The Liberalization of Capital Movements in Europe: The Monetary Committee and Financial Integration 1958–1994 (Financial and Monetary Policy Studies #29)
by Age F.P. BakkerThe member states are facing the choice between either reaping the benefits of increasing integration in a certain area - in this case the capital markets - attended by a significant reduction in national powers of autonomous decision-making and independence, or retaining this national independence enabling them to pursue their own policy objectives with the aid of instruments selected at their discretion. To this question, there is no generally valid answer. The solution is determined by the weight assigned to the benefits, on the one hand, and that assigned to the reduction in national sovereignty, on the other. This, however, is a subjective matter, which is assessed differently in the various countries. OnnoRuding, 1969 1. 1 CAPITAL LffiERALIZATION AND MONETARY UNIFICATION In the 1980s Europe made a leap forward towards the liberalization of capital movements. EEC directives were accepted by all member states obliging them to abolish all remaining exchange controls. This common objective of freedom of capital movements has been consolidated in the Treaty on European Union. Nowadays virtually all restrictions have been lifted. This stands in striking contrast to the state of affairs only a decade ago, when many countries still operated a tight regime. Although the Treaty of Rome provided for the freedom of capital movements, this objective was circumscribed by the clause that such liberalization should only be carried through to the extent necessary to ensure the proper functioning of the Common Market.
Liberalization of Electricity Markets and the Public Service Obligation in the Energy Community (Energy and Environmental Law and Policy Series #21)
by Rozeta KarovaThis book presents the first in-depth analysis of the export of the EU electricity acquis, through the imposition of an EU-type regional electricity market (REM) in SEE within the enlargement process. Among other germane issues, the author discusses the following: the suitability of the European model of electricity markets’ liberalization for economies in transition; the use of the Public Services Obligations (PSO) to address the impact of electricity markets liberalization; the use of regulated prices and measures for granting priority rights for cross-border capacity allocation as PSOs; the Court of Justice judgement in Federutility on the sustainability of states’ protection of their different types of customers, including the large businesses; the Energy Community as a step towards a Pan-European Energy Community; the effect of simultaneous national electricity markets liberalization and cross-border regional integration of national electricity markets; and, the interplay between liberalization policy and reforms and the regulatory tools available to address their impact on provision of public services. The author’s proposed rethinking of the public services obligation offers new views on using this tool more effectively and proposes possibilities for its practical implementation through measures such as energy efficiency, allocation of interconnectors’ capacity, transparency, addressing the affordability issue and the protection of vulnerable customers. The book is remarkable for its clear analysis of the policy lessons arising from the export of the idea of liberalized energy markets, and will be welcomed by practitioners, officials, academics and others in energy law and policy for its informative and forward-looking overview of the national and cross-border reforms in the Energy Community framework.
The Liberalization of Maritime Transport Services: With Special Reference to the WTO/GATS Framework (Hamburg Studies on Maritime Affairs #1)
by Benjamin ParameswaranA detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far.
Liberalization of Trade in Legal Services (Global Trade Law Series #44)
by Gilles MullerThe internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.
Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History
by Anat RosenbergIn Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History
by Anat RosenbergIn Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Liberalizing Lynching: Building a New Racialized State
by Daniel KatoIn spite of America's identity as a liberal democracy, the vile act of lynching happened frequently in the Southern United States over the course of the nation's history. Indeed, lynchings were very public events, and were even advertised in newspapers, begging the question of how such a brazen disregard for the law could have occurred so freely and openly. Liberalizing Lynching: Building a New Racialized State seeks to explain the seemingly paradoxical relationship between the American liberal regime and the illiberal act of lynching. Drawing on legal cases, congressional documents, presidential correspondence, and newspaper reports, Daniel Kato explores the federal government's pattern of non-intervention regarding lynchings of African Americans from the late nineteenth century through the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, this book argues that the actions and decisions of the federal government from the 1870s through the 1960s reveal that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision that was supported and maintained by all three branches of the federal government. Inaction stemmed from the decision not to intervene, not the powerlessness of the federal government. To cement his argument, Kato develops the theory of constitutional anarchy, which crystallizes the ways in which federal government had the capacity to intervene, yet relinquished its responsibility while nonetheless maintaining authority. A bold challenge to conventional knowledge about lynching, Liberalizing Lynching will serve as a useful tool for students and scholars of political science, legal history, and African American studies.
Liberalizing Lynching: Building a New Racialized State
by Daniel KatoIn spite of America's identity as a liberal democracy, the vile act of lynching happened frequently in the Southern United States over the course of the nation's history. Indeed, lynchings were very public events, and were even advertised in newspapers, begging the question of how such a brazen disregard for the law could have occurred so freely and openly. Liberalizing Lynching: Building a New Racialized State seeks to explain the seemingly paradoxical relationship between the American liberal regime and the illiberal act of lynching. Drawing on legal cases, congressional documents, presidential correspondence, and newspaper reports, Daniel Kato explores the federal government's pattern of non-intervention regarding lynchings of African Americans from the late nineteenth century through the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, this book argues that the actions and decisions of the federal government from the 1870s through the 1960s reveal that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision that was supported and maintained by all three branches of the federal government. Inaction stemmed from the decision not to intervene, not the powerlessness of the federal government. To cement his argument, Kato develops the theory of constitutional anarchy, which crystallizes the ways in which federal government had the capacity to intervene, yet relinquished its responsibility while nonetheless maintaining authority. A bold challenge to conventional knowledge about lynching, Liberalizing Lynching will serve as a useful tool for students and scholars of political science, legal history, and African American studies.
Liberia and the Dialectic of Law: Critical Theory, Pluralism, and the Rule of Law
by Shane ChalmersIt is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Liberia and the Dialectic of Law: Critical Theory, Pluralism, and the Rule of Law
by Shane ChalmersIt is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Libertarian Free Will: Contemporary Debates
According to the libertarian position on free will, people sometimes exercise free will, but this freedom is incompatible with the truth of causal determinism. Frequently maligned within the history of philosophy, this view has recently gained increasingly sympathetic attention among philosophers. But stark questions remain: How plausible is this view? If our actions are not causally determined, how can we have control over them? Why should we want our actions to be breaks in the deterministic causal chain? The recent resurgence of interest in libertarianism is due, most significantly, to Robert Kane, who is the leading contemporary defender of this view of free will. This book is a collection of new essays on the libertarian position on free will and related issues that focuses specifically on the views of Kane. Written by a distinguished group of philosophers, the essays cover various areas of philosophy including metaphysics, ethics, and philosophy of mind. Kane contributes a final essay, replying to the criticisms offered in the previous chapters and developing his view in new directions.
Liberty and Community: The Political Philosophy of William Ernest Hocking
by R.B. ThigpenThis study of the political philosophy of William Ernest Hocking be gan as a doctoral dissertation at Tulane University. Hocking (1873- 1966) was for many years Alford Professor of Natural Religion, Moral Philosophy, and Civil Polity at Harvard University. Although he is relatively well-known among American philosophers, particularly by students of metaphysics and the philosophy of religion, very little atten tion has been given to his political philosophy. Some general studies of his thought summarize his political writings in a very cursory fashion, but they do not discuss his contributions in detail or relate them to significant issues in political philosophy. Most important general works on modern political philosophy or American political thought do not even mention Hocking; a few note his name in passing. Because he is almost completely unknown in the social sciences, the original purpose of this study was to explore, systematize, and present his extensive writings in political philosophy. It then became apparent that his entire political philosophy is oriented around the concepts of liberty and community. When his thought is analyzed in terms of these themes, its unity and coherence are more obvious. Moreover, his writings become more significant when they are related to liberty and community, for these are focal concepts for important problems in modern political philosophy. This study of Hocking's political philosophy will, it is hoped, help us to see how liberty and community can be more understandable, attainable, and compatible with one another.
Liberty and the News (The James Madison Library in American Politics)
by Walter LippmannLiberty and the News is Walter Lippman's classic account of how the press threatens democracy whenever it has an agenda other than the free flow of ideas. Arguing that there is a necessary connection between liberty and truth, Lippman excoriates the press, claiming that it exists primarily for its own purposes and agendas and only incidentally to promote the honest interplay of facts and ideas. In response, Lippman sought to imagine a better way of cultivating the news. A brilliant essay on a persistent problem of American democracy, Liberty and the News is still powerfully relevant despite the development of countless news sources unimagined when Lippman first published it in 1920. The problems he identifies--the self-importance of the press, the corrosion of rumors and innuendo, and the spinning of the news by political powers--are still with us, and they still threaten liberty. By focusing on the direct and necessary connection between liberty and truth, Lippmann's work helps to clarify one of the most pressing predicaments of American democracy today.
Liberty and the News
by Walter Lippmann Sean Wilentz Ronald Steel Sidney BlumenthalLiberty and the News is Walter Lippman's classic account of how the press threatens democracy whenever it has an agenda other than the free flow of ideas. Arguing that there is a necessary connection between liberty and truth, Lippman excoriates the press, claiming that it exists primarily for its own purposes and agendas and only incidentally to promote the honest interplay of facts and ideas. In response, Lippman sought to imagine a better way of cultivating the news. A brilliant essay on a persistent problem of American democracy, Liberty and the News is still powerfully relevant despite the development of countless news sources unimagined when Lippman first published it in 1920. The problems he identifies--the self-importance of the press, the corrosion of rumors and innuendo, and the spinning of the news by political powers--are still with us, and they still threaten liberty. By focusing on the direct and necessary connection between liberty and truth, Lippmann's work helps to clarify one of the most pressing predicaments of American democracy today.
Liberty Intact: Human Rights in English Law
by Michael TugendhatWhat are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questions and more are answered in Michael Tugendhat's historical account of human rights from the eighteenth century to present day. Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of the Citizen', 1789, and the 'United States Bill of Rights', 1791- the book recognises that the human rights documented in these declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century. The influence of English Common Law , taken largely from Blackstone's Commentaries on the Laws of England, can also be realised in the British revolutions of 1642 and 1688; the American and French Revolutions of 1776 and 1789 respectively; and through them, on the UDHR and ECHR. Moreover, Tugendhat argues that British law, in all but a few instances, either meets or exceeds human rights standards, and thus demonstrates that human rights law is British law and not a recent invention imported from abroad. Structured in three sections, this volume (I) provides a brief history of human rights; (II) examines the rights found in the American and French declarations and demonstrates their ancestry with English law; and (III) discusses the functions of rights and how they have been, and are, put to use.
Liberty Intact: Human Rights in English Law
by Michael TugendhatWhat are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questions and more are answered in Michael Tugendhat's historical account of human rights from the eighteenth century to present day. Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of the Citizen', 1789, and the 'United States Bill of Rights', 1791- the book recognises that the human rights documented in these declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century. The influence of English Common Law , taken largely from Blackstone's Commentaries on the Laws of England, can also be realised in the British revolutions of 1642 and 1688; the American and French Revolutions of 1776 and 1789 respectively; and through them, on the UDHR and ECHR. Moreover, Tugendhat argues that British law, in all but a few instances, either meets or exceeds human rights standards, and thus demonstrates that human rights law is British law and not a recent invention imported from abroad. Structured in three sections, this volume (I) provides a brief history of human rights; (II) examines the rights found in the American and French declarations and demonstrates their ancestry with English law; and (III) discusses the functions of rights and how they have been, and are, put to use.
Liberty of Conscience: In Defense of America's Tradition of Religious Equality
by Martha NussbaumThe respect for religious difference has formed the bedrock of our nation and made equality possible. Yet today we are told that "moral values”-code for a government shaped by religious concerns-must be the keystone of our social compact.A rich and compelling chronicle of an essential idea, Liberty of Conscience tells the story of America's great tradition of religious freedom. Philosopher Martha Nussbaum's ambitious book is both a work of history and a pointed rejoinder to conservative efforts to break down barriers between church and state.
The Liberty of Non-citizens: Indefinite Detention in Commonwealth Countries
by Rayner ThwaitesThe book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.