
- 245 pages
- English
- PDF
- Available on iOS & Android
About this book
Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time, liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes. This volume reflects on the demise of liberty (and with it, liberty-based constitutional orders) from the perspective of political practice and through the lenses of political theory, constitutional law, and human rights. The book contemplates key problems from the broader perspective of constitutionalism and liberty, addresses the tension between liberty and dignity, and brings case studies on particularly challenging issues to the discussion. The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue. *** Librarians: ebook available on ProQuest and EBSCO (Series: Issues in Constitutional Law [ICL] - Vol. 9) [Subject: Constitutional Law, Human Rights Law, Political Theory]
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Table of contents
- COVER
- TABLE OF CONTENTS
- LIST OF CONTRIBUTORS
- PREFACE
- 1. LIBERTY AND ITS COMPETITORS
- 2. FEAR, FAVOR, AND FREEDOM: JUDITH SHKLAR’S REVISITED
- 3. REPUBLICAN FREEDOM, NON-DOMINATION, AND GLOBAL CONSTITUTIONALISM
- 4. FREEDOM UNDER AN ORDER OF PUBLIC LAW: FROM HOBBES THROUGH HAYEK TO REPUBLICANISM
- 5. JEREMY WALDRON ON DIGNITY AND RESPONSIBILITY-RIGHTS: CAN THE TRAGEDY OF LIBERTY BE AVOIDED?
- 6. DIGNITY AND THE CHALLENGE TO LIBERTY: READING ANDRÁS SAJÓ’S
- 7. REFINING POLITICAL LIBERTY AND DEMOCRATIC LIBERALISM IN NATIONALLY DIVERSE DEMOCRACIES
- 8. NO LONGER A SLAVE BUT NOT YET FREE: FREEDOM AND SOCIAL DISLOCATION
- 9. VICTIMS’ RIGHTS AND DUE PROCESS
- 10. TWO MORAL MISTAKES IN THE AMERICAN CRIMINAL JUSTICE SYSTEM