Hayek and Human Rights: Foundations for a Minimalist Approach to Law
Edward Elgar Publishing, 01/01/2005 - 267 من الصفحات
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.
ما يقوله الناس - كتابة مراجعة
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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 conclusion conduct consequences considerations considered constitutional courts desires detailed difficulties discussion distributive justice economic effect emphasized example exist fact focus focuses 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 universal various
الصفحة 75 - Stripped of all technicalities this means that government in all its actions is bound by rules fixed and announced beforehand — rules which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances, and to plan one's individual affairs on the basis of this knowledge.
الصفحة 216 - ... comparatively harmless channels by the existence of opportunities for money-making and private wealth, which, if they cannot be satisfied in this way, may find their outlet in cruelty, the reckless pursuit of personal power and authority, and other forms of self-aggrandisement. It is better that a man should tyrannise over his bank balance than over his fellow-citizens; and whilst the former is sometimes denounced as being but a means to the latter, sometimes at least it is an alternative.
الصفحة 73 - A person who wilfully or negligently injures the life, body, health, freedom, property, or other right of another contrary to law is bound to compensate him for any damage arising therefrom.
الصفحة 81 - ... has been so constant, or so difficult to overcome, as uncertainty and confusion touching the nature of true liberty. If hostile interests have wrought much injury, false ideas have wrought still more; and its advance is recorded in the increase of knowledge, as much as in the improvement of laws. The history of institutions is often a history of deception and illusions; for their virtue depends on the ideas that produce and on the spirit that preserves them, and the form may remain unaltered...
الصفحة 26 - WE have now run over the three fundamental laws of nature, that of the stability of possession, of its transference by consent, and of the performance of promises.
الصفحة 76 - The fact that someone has full legal authority to act in the way he does gives no answer to the question whether the law gives him power to act arbitrarily or whether the law prescribes unequivocally how he has to act. It may well be that Hitler has obtained his unlimited powers in a strictly constitutional manner and that whatever he does is therefore legal in the juridical sense. But who would suggest for that reason that the Rule of Law still prevails in Germany?
الصفحة 16 - with that condition of men in which coercion of some by others is reduced as much as possible in...
الصفحة 175 - In the more precise language of philosophic jurists, duties of perfect obligation are those duties in virtue of which a correlative right resides in some person or persons ; duties of imperfect obligation are those moral obligations which do not give birth to any right.
الصفحة 213 - Perceived self-efficacy refers to beliefs in one's capabilities to organize and execute the courses of action required to produce given attainments