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Rawls on Liberty, Duty, and Obligation

Peter Liddel

in Civic Obligation and Individual Liberty in Ancient Athens

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199226580
eISBN:
9780191710186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226580.003.0002
Subject:
Classical Studies, European History: BCE to 500CE

Rawls' model of liberty might be used to elucidate the kind of liberty that existed in the ancient Greek city‐state. After a general introduction to Rawls, his thought, and the ideas that inform his ... More


Fichte’s Political Economy of the General Will

Isaac Nakhimovsky

in The Closed Commercial State: Perpetual Peace and Commercial Society from Rousseau to Fichte

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691148946
eISBN:
9781400838752
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148946.003.0005
Subject:
Political Science, Political Theory

This chapter describes how Fichte's book was perceived as an important challenge by admirers of Adam Smith because its normative evaluation of market society was grounded in a theory of property ... More


Conclusion

Romila Thapar

in Aśoka and the Decline of the Mauryas

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077244
eISBN:
9780199081073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077244.003.0032
Subject:
History, Indian History

This chapter sums up the key findings of this study on the reign of Aśoka Maurya and the collapse of the Mauryan dynasty. It describes the place of Aśoka against the background of the third century ... More


The Tyranny of Utility: Behavioral Social Science and the Rise of Paternalism

Gilles Saint-Paul

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691128177
eISBN:
9781400838899
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691128177.001.0001
Subject:
Economics and Finance, History of Economic Thought

The general assumption that social policy should be utilitarian—that society should be organized to yield the greatest level of welfare—leads inexorably to increased government interventions. ... More


The Morality of American Law

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0002
Subject:
History, Social History

American law is underlain by a morality designed to minimize conflicts between individual privacy and public morality. In order to strike a balance between these competing forces, the structure of ... More


Utilitarianism and Rights

Kaushik Basu

in Prelude to Political Economy: A Study of the Social and Political Foundations of Economics

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296713
eISBN:
9780191595943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296711.003.0010
Subject:
Economics and Finance, Microeconomics

This chapter examines utilitarianism and consequentialism as moral principles of decision-making, and the scope of rights and individual liberty. It argues that it is possible to distinguish between ... More


From Christian Civilization to Individual Civil Liberties: Framing Religion in the Legal Field, 1880–1949

David Sikkink

in The Secular Revolution: Power, Interests, and Conflict in the Secularization of American Public Life

Published in print:
2003
Published Online:
May 2012
ISBN:
9780520230002
eISBN:
9780520936706
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520230002.003.0007
Subject:
Religion, Religious Studies

This chapter traces the journey of religion in American law from the nineteenth to the twentieth century. Through most of the nineteenth century, many judges used common law to insert community and ... More


INTRODUCTION

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0001
Subject:
Law, Constitutional and Administrative Law

All modern states governed by the rule of law require effective safeguards of individual liberty and autonomy in the face of coercive state power. The safeguards recognized in Western European ... More


Liberal Fragments

Eric T. Freyfogle

in Our Oldest Task: Making Sense of Our Place in Nature

Published in print:
2017
Published Online:
May 2018
ISBN:
9780226326399
eISBN:
9780226326429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226326429.003.0005
Subject:
Environmental Science, Environmental Studies

This chapter explores the dominant moral frames embraced in the United States and similar cultures, frames that recognize moral value in humans alone among species (human exceptionalism), that ... More


Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Elizabeth Price Foley

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.001.0001
Subject:
History, Social History

In the opening chapter of this book, the author writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that ... More


Rights in the European Landscape: A Historical and Comparative Profile

Michele Graziadei

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0004
Subject:
Law, EU Law

This chapter examines several events in legal history that either highlight the importance of rights in the actual working of legal systems, or else challenge their importance. These events fit ... More


State Constitutionalism and the Scope of Judicial Review

Daniel B. Rodriguez

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter attacks conventional accounts of subnational constitutional interpretation by examining judicial review at the state level in its actual institutional setting. American state ... More


Justice and the Right to Justification

Jürgen Neyer

in The Justification of Europe: A Political Theory of Supranational Integration

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641246
eISBN:
9780191745591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641246.003.0006
Subject:
Political Science, European Union, Political Theory

The right to justification enters the stage in chapter six. It is introduced as a concept of justice that meets the criteria of normative realism. It has both critical bite and the capacity to ... More


Marriage

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0004
Subject:
History, Social History

Laws relating to marriage illustrate the tension between individual privacy and public morality. There are many different laws that limit when, how, and to whom a person may be married. This chapter ... More


Liberty, Insecurity, and the Conceptual Foundations of Reassurance

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0003
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the ambivalent relation between individual liberty and insecurity in the conceptual framework of criminal law. It does so primarily through a critical examination of the ... More


Collective Reason or Individual Liberty: Deliberative Democracy and the Protection of Liberal Rights

Assaf Sharon

in Ideas That Matter: Democracy, Justice, Rights

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190904951
eISBN:
9780190904982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190904951.003.0003
Subject:
Philosophy, Political Philosophy

Can a government of the people and by the people also be a government for the people? In this chapter, Assaf Sharon questions the deliberative democratic attempt to bring democracy and liberalism ... More


Deromanticizing democracy

Katherine Fierlbeck

in Globalizing Democracy: Power, Legitimacy and the Interpretation of Democratic Ideas

Published in print:
2008
Published Online:
July 2012
ISBN:
9780719049958
eISBN:
9781781701416
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719049958.003.0009
Subject:
Political Science, Democratization

This chapter describes the romanticization of democracy. As democracy has become more prevalent and more successful, it is seen as superficial and unsatisfying. The current romanticization of ... More


Theory and practice in public health ethics: a complex relationship

Angus Dawson

in Public health ethics and practice

Published in print:
2009
Published Online:
March 2012
ISBN:
9781847421029
eISBN:
9781447303114
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847421029.003.0012
Subject:
Public Health and Epidemiology, Public Health

This chapter examines the complex relationship between theory and practice in public health ethics. It outlines the relationship between three related but distinct concepts of theories, frameworks ... More


Constitutional Absolutes in a Holmesian World

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter proposes that the First Amendment should be uncoupled from the early-twentieth-century mindset that conditions its current interpretation, and that constitutional law should return to ... More


Introduction

William D. Romanowski

in Reforming Hollywood: How American Protestants Fought for Freedom at the Movies

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195387841
eISBN:
9780199950188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387841.003.0000
Subject:
Religion, Religion and Society

This introduction outlines the book’s central themes and also counters misinterpretations of the role of Protestants in film history. While Protestants are routinely dismissed collectively as ardent ... More


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