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Design for Liberty

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 247 pages
File Size : 35,78 MB
Release : 2011-11-15
Category : Law
ISBN : 0674063058

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Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Common Good Constitutionalism

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 39,27 MB
Release : 2022-02-08
Category : Political Science
ISBN : 1509548882

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The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

The NSA Report

Author : President's Review Group on Intelligence and Communications Technologies, The
Publisher : Princeton University Press
Page : 287 pages
File Size : 26,24 MB
Release : 2014-03-31
Category : Political Science
ISBN : 1400851270

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The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

Personal Liberty and Public Good

Author : Douglas Howland
Publisher : University of Toronto Press
Page : 241 pages
File Size : 47,62 MB
Release : 2005-01-01
Category : Philosophy
ISBN : 0802090052

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Blame for the putative failure of liberalism in late-nineteenth-century Japan and China has often been placed on an insufficient grasp of modernity among East Asian leaders or on their cultural commitments to traditional values. In Personal Liberty and Public Good, Douglas Howland refutes this view, turning to the central text of liberalism in that era: John Stuart Mill's On Liberty. Howland offers absorbing analyses of the translations of the book into Japanese and Chinese, which at times reveal astonishing emendations. As with their political leaders, Mill's Japanese and Chinese translators feared individual liberty could undermine the public good and standards for public behaviour, and so introduced their own moral values - Christianity and Confucianism, respectively- into On Liberty, filtering its original meaning. Howland mirrors this mistrust of individual liberty in Asia with critiques of the work in England, which itself had trouble adopting liberalism. Personal Liberty and Public Good is a compelling addition to the corpus of writing on the work of John Stuart Mill. It will be of great interest to historians of political thought, liberalism, and translation, as well as scholars of East Asian studies.

The Limits of Liberty

Author : James M. Buchanan
Publisher : University of Chicago Press
Page : 228 pages
File Size : 33,26 MB
Release : 1975
Category : Business & Economics
ISBN : 9780226078205

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"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

Public Health Law

Author : Lawrence O. Gostin
Publisher : Univ of California Press
Page : 800 pages
File Size : 18,18 MB
Release : 2008-10-02
Category : Medical
ISBN : 0520934385

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Public Health Law, first published in 2000, has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.

Health and Freedom in the Balance

Author : Rosemary M. Caron
Publisher :
Page : 205 pages
File Size : 34,88 MB
Release : 2017
Category : LAW
ISBN : 9781536122220

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The clash between individual liberties and the protection of the greater population is an ongoing conflict between core principles held dear by Americans for centuries. One of the nexus points occurs in the application of public health measures by governmental authorities to defeat deadly germs, perhaps on an epidemic scale, in ways that can erode individual decisions about healthcare, privacy, bodily integrity, and personal liberty in the name of the greater good of community health. People may approve and appreciate protective measures enacted by the government when influenza breaks out or when there is a food recall, but may also feel wary simultaneously. How has this conflict played out throughout history, and how has this clash progressed today? What benefits do individuals reap and what costs do they pay for the application of public health? Almost every individual will find himself or herself engaged with public health measures of some kind on an individual, familial, or community level, so we should all be aware of the issues involved.Because of these parallels between historical and current exercises of public health, the authors wrote this textbook, which was inspired by a renowned lecture series created by Saul O. Sidore. The Sidore lecture series was established in 1965 in memory of Saul O. Sidore of Manchester, New Hampshire, and it is sponsored by the Center for the Humanities at the University of New Hampshire. Mr. Sidore was a humanitarian, a businessman, and president of the Brookshire Mills and Pandora Industries in Manchester. He was a progressive employer, and the lecture series named in his honor addresses critical issues in politics, society, and culture.The theme for the 2013-2014 lecture series was Your Liberty or Your Health: Exploring the Tensions among Public Health, Individual Liberty and Governmental Authority. As editors of this textbook - a collection of case studies and class exercises - the authors believe that this topic and structure will be of academic interest to those in justice studies, history, and health and human services, just to name a few of the programs in an academic community. The universal applicability of the issues discussed herein will make this text relevant to those outside of these programs and communities as well. Finally, this book will encourage conversations across campuses and organizations and between groups that do not always have an opportunity to interact, enabling future readers to engage in debates about the tensions between individual rights, governmental authority, and public health needs.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
Page : 420 pages
File Size : 41,48 MB
Release : 2018-08-20
Category : History
ISBN : 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Corporate Responsibility for Wealth Creation and Human Rights

Author : Georges Enderle
Publisher : Cambridge University Press
Page : 333 pages
File Size : 17,48 MB
Release : 2021-01-28
Category : Business & Economics
ISBN : 1108830803

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Enderle illustrates the importance of corporate responsibility by integrating wealth creation and human rights. An invaluable reference for students, teachers and researchers in business and economic ethics, social sciences and human rights studies, as well as for leaders in business, civil society organizations and international institutions.

Political Philosophy: A Very Short Introduction

Author : David Miller
Publisher : OUP Oxford
Page : 160 pages
File Size : 49,27 MB
Release : 2003-06-26
Category : Philosophy
ISBN : 0191577863

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This book introduces readers to the concepts of political philosophy. It starts by explaining why the subject is important and how it tackles basic ethical questions such as 'how should we live together in society?' It looks at political authority, the reasons why we need politics at all, the limitations of politics, and whether there are areas of life that shouldn't be governed by politics. It explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. David Miller discusses why nations are the natural units of government and whether the rise of multiculturalism and transnational co-operation will change this: will we ever see the formation of a world government? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.