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 85
... minimal requirement of law . In other words , and as will be discussed below , his conception of law seems to be separate from and independent of the Rule of Law ideal . This has an important implication : the general purpose of law is ...
... minimal requirement of law . In other words , and as will be discussed below , his conception of law seems to be separate from and independent of the Rule of Law ideal . This has an important implication : the general purpose of law is ...
الصفحة 206
... minimal subsistence and survival . Instead , individuals in such developed societies will in large part be acting in pursuit of their aspirations , taking for granted that the minimal requirements of social life are , and will be ...
... minimal subsistence and survival . Instead , individuals in such developed societies will in large part be acting in pursuit of their aspirations , taking for granted that the minimal requirements of social life are , and will be ...
الصفحة 223
... minimal requirements , basic needs , and , in some instances , associated minimalist duties ; the second is concerned with diversity and difference , the realm of the good and aspirations . If this division is assumed , then it can be ...
... minimal requirements , basic needs , and , in some instances , associated minimalist duties ; the second is concerned with diversity and difference , the realm of the good and aspirations . If this division is assumed , then it can be ...
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