A False Tree of Liberty

A False Tree of Liberty
Author: Susan Marks
Publisher:
Total Pages: 305
Release: 2019
Genre: Law
ISBN: 0199675457

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

The State

The State
Author: Anthony De Jasay
Publisher: Collected Papers of Anthony de
Total Pages: 0
Release: 1998
Genre: Philosophy
ISBN: 9780865971714

The State is a brilliant analysis of some of the fundamental issues of modern political thought from the perspective, not of individuals or subjects, but of the state itself. The author poses the query, "What would you do if you were the state?" The state usually is understood as an instrument, not a personality, and it is presumed to exist so that people can achieve their common ends. However, Jasay asks, what if we suppose the state to have a will and ends of its own? To answer these questions, the author traces the logical and historical progression of the state from a modest-sized protector of life and property through its development into an "agile seducer of democratic majorities, to the welfare-dispensing drudge that it is in many countries today ... Is the rational next step a totalitarian enhancement of its power?" The State presents what has been termed "a disturbingly logical 'agenda' for the state in pursuit of its 'self-fulfillment.'"--Inside jacket flap.

The Long Land War

The Long Land War
Author: Jo Guldi
Publisher: Yale University Press
Total Pages: 600
Release: 2022-04-19
Genre: Social Science
ISBN: 0300264860

A definitive history of ideas about land redistribution, allied political movements, and their varied consequences around the world “An epic work of breathtaking scope and moral power, The Long Land War offers the definitive account of the rise and fall of land rights around the world over the last 150 years.” —Matthew Desmond, Pulitzer Prize–winning author of Evicted: Poverty and Profit in the American City Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974. The Long Land War provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet.

Horizontal Rights

Horizontal Rights
Author: Gautam Bhatia
Publisher: Bloomsbury Publishing
Total Pages: 281
Release: 2023-08-24
Genre: Law
ISBN: 150996763X

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

National Thanksgivings and Ideas of Britain, 1689-1816

National Thanksgivings and Ideas of Britain, 1689-1816
Author: Warren Johnston
Publisher: Boydell & Brewer
Total Pages: 415
Release: 2020
Genre: History
ISBN: 1783273585

Examines sermons preached at national thanksgiving celebrations to show in detail what it meant to be properly British in the period.

The Law's Ultimate Frontier: Towards an Ecological Jurisprudence

The Law's Ultimate Frontier: Towards an Ecological Jurisprudence
Author: Horatia Muir Watt
Publisher: Bloomsbury Publishing
Total Pages: 367
Release: 2023-05-18
Genre: Law
ISBN: 150994012X

This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.

The Political Thought of Thomas Spence

The Political Thought of Thomas Spence
Author: Matilde Cazzola
Publisher: Routledge
Total Pages: 270
Release: 2021-11-18
Genre: History
ISBN: 1000480844

The book is an intellectual analysis of the political ideas of English radical thinker Thomas Spence (1750–1814), who was renowned for his "Plan", a proposal for the abolition of private landownership and the replacement of state institutions with a decentralized parochial organization. This system would be realized by means of the revolution of the "swinish multitude", the poor labouring class despised by Edmund Burke and adopted by Spence as his privileged political interlocutor. While he has long been considered an eccentric and anachronistic figure, the book sets out to demonstrate that Spence was a deeply original, thoroughly modern thinker, who translated his themes into a popular language addressing the multitude and publicized his Plan through chapbooks, tokens, and songs. The book is therefore a history of Spence's political thought "from below", designed to decode the subtle complexity of his Plan. It also shows that the Plan featured an excoriating critique of colonialism and slavery as well as a project of global emancipation. By virtue of its transnational scope, the Plan made landfall in the British West Indies a few years after Spence's death. Indeed, Spencean ideas were intellectually implicated in the largest slave revolt in the history of Barbados.

The Law, the State, and Other Political Writings, 1843-1850

The Law, the State, and Other Political Writings, 1843-1850
Author: édéric Bastiat
Publisher: Collected Works of Frédéric Ba
Total Pages: 0
Release: 2012
Genre: Business & Economics
ISBN: 9780865978300

Frederic Bastiat (1801-1850) was a keen observer of political and economic problems and a passionate proponent of liberal economic theory. This book collects nineteen of Bastiat's articles, ranging from the theory of value and rent, public choice and collective action, government intervention and regulation, the balance of trade, education, and trade unions to price controls, capital and growth, and taxation. Throughout his articles, Bastiat demonstrates how the combination of careful logic, consistency of principle, and clarity of exposition is the instrument for solving most economic and social problems. In his famous essay "The Law" Bastiat explains that the law, far from being what it ought to be, "namely the instrument that enabled the state to protect individuals' rights and property", had become the means for what he termed "spoliation" (or plunder). From the article "The State" written at the height of the 1848 Revolution in June, comes perhaps his best-remembered quotation: "The state is the great fiction by which everyone endeavours to live at the expense of everyone else". In this volume readers will find extensive introductory material, including notes on the translation and on the editions of the uvres completes, a chronology of Bastiat's life and works, two maps of France showing the cities associated with Bastiat, annotations to the articles, and a bibliography. A special section provides charming, little-known anecdotes about Bastiat and his contemporaries, including his editor Prosper Paillottet, who became Bastiat's firm friend and eventually his executor. This section also includes discussions of key concepts such as individualism, laissez-faire, industry, plunder, and the right to work. Three glossaries explain persons, places, and subjects and terms.