Hayek and Human Rights: Foundations for a Minimalist Approach to LawEdward Elgar, 2005 - 267 من الصفحات 'Readers will find this adumbration of Friedrich Hayek's social, political and legal theory both stimulating and controversial. On the one hand, the author highlights Hayek's Kantian and Humean roots and demonstrates the relevance of Hayek's project to contemporary debates in economics, psychology, political and moral philosophy and the philosophy of law. On the other hand, Touchie's effort to embed his own human rights construal in the Hayekean "Great Society's" spontaneously generated rules of just conduct will be of particular interest, both to those who regard rights as antecedent to civil society and to those who do not.' - Timothy P. Roth, The University of Texas at El Paso, US Why are discussions of human rights largely absent from Hayek's writings? Focusing primarily on Hayek's writings in law and politics, the author examines the building blocks of Hayek's legal theorizing: the notions of coercion, the Rule of Law ideal, justice, negative duties, and liberal as opposed to majoritarian constitutionalism, arguing that each element of Hayek's writing contributes to his overall perspective on human rights. The author concludes by summarizing the relationship between the twin themes that drive Hayek's work: his understanding of the consequences of the transition from Gemeinschaft to Gesellschaft forms of social interaction and the implications of an increasing degree of functional specialization in society. Hayek's vision of the political and economic future has to a remarkable extent come to pass, and his writings can now be seen to contain much that is orthodox and widely accepted. The tight weaving of insights from diverse academic disciplines into a coherent social theory make his work of heightened relevance today, and many of the core constructs and concerns of his theorizing are useful for discussions of human rights. Students and scholars interested in a multidisciplinary approach to libertarian or liberal theory, legal and political theory, or market liberalism, will find this an insightful reading of one of our great thinkers. |
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الصفحة 35
... fundamental types of harm inflicted by one person on another . The primary means of carrying this out is governance by law . Prohibitions of fundamental types of interpersonal harm are inseparably linked to rules of justice . And these ...
... fundamental types of harm inflicted by one person on another . The primary means of carrying this out is governance by law . Prohibitions of fundamental types of interpersonal harm are inseparably linked to rules of justice . And these ...
الصفحة 120
... fundamental rules of conduct concerning the prerequisites for individual and social life . Hayek is clear on the point that certain fundamental rules exist and that they develop over time in a process based on group success or failure ...
... fundamental rules of conduct concerning the prerequisites for individual and social life . Hayek is clear on the point that certain fundamental rules exist and that they develop over time in a process based on group success or failure ...
الصفحة 124
... fundamental normativity obviously irrelevant . Kelsen goes astray in ignoring overarching general purposes of the law , purposes that give an increased objectivity , a degree of determinateness , to questions posed and answers given ...
... fundamental normativity obviously irrelevant . Kelsen goes astray in ignoring overarching general purposes of the law , purposes that give an increased objectivity , a degree of determinateness , to questions posed and answers given ...
المحتوى
Coercion | 16 |
Historical Perspectives | 43 |
Theoretical Perspectives | 75 |
حقوق النشر | |
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abstract action analysis apply argued argument authority basic become believe central chapter circumstances claim classical liberal clear coercion complex conception concern conduct consequences considerations considered constitutional courts desires detailed difficulties discussion distributive justice economic effect emphasized example exist fact focus focuses force formal forms freedom fundamental Further given goals governance groups harm Hayek human idea implies importance increasing individuals institutions interests issues judge judgment justice Law ideal least legal system legislative Liberty limited matter means merely mind minimal minimalist moral needs negative normative noted objective organizations particular person perspective political positive duties possible practice principles problem protection question rationality reasoning referred relatively requirements restrictions role Rule of Law rules of conduct seems sense social society specialization specific stems theory thought University various