Hayek and Human Rights: Foundations for a Minimalist Approach to Law

الغلاف الأمامي
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.

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الصفحات المحددة

المحتوى

1 On the Failure of the Classical Liberal Ideal
1
2 Coercion
16
Historical Perspectives
43
Theoretical Perspectives
75
5 Justice
103
6 Negativity
144
7 Liberalism Democracy and Constitutional Reform
178
8 Hayek and Human Rights
198
Bibliography
243
Index
263
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مقاطع مشهورة

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

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