The structure of liberty : justice and the rule of law
著者
書誌事項
The structure of liberty : justice and the rule of law
Oxford University Press, 2000
- : pbk
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注記
Originally published: 1998
Includes bibliographical references and index
内容説明・目次
内容説明
What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or 'natural' rights and procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines.
目次
- 1 INTRODUCTION: THE STRUCTURE OF LIBERTY
- PART I: THE PROBLEM OF KNOWLEDGE
- 2 USING RESOURCES: THE FIRST-ORDER PROBLEM OF KNOWLEDGE
- 3 TWO METHODS OF SOCIAL ORDERING
- 4 THE LIBERAL CONCEPTION OF JUSTICE
- 5 COMMUNICATING JUSTICE: THE SECOND-ORDER PROBLEM OF KNOWLEDGE
- 6 SPECIFYING CONVENTIONS: THE THIRD-ORDER PROBLEM OF KNOWLEDGE
- PART II: THE PROBLEMS OF INTEREST
- 7 THE PARTIALITY PROBLEM
- 8 THE INCENTIVE PROBLEM
- 9 THE COMPLIANCE PROBLEM
- PARTIII: THE PROBLEMS OF POWER
- 10 THE PROBLEM OF ENFORCEMENT ERROR
- 11 FIGHTING CRIME WITHOUT PUNISHMENT
- 12 THE PROBLEM OF ENFORCEMENT ABUSE
- 13 DECENTRALIZED CONSTITUTIONAL CONSTRAINTS ON POWER
- 14 IMAGINING A DECENTRALIZED CONSTITUTIONAL ORDER: A SHORT FABLE
- PART IV: RESPONSES TO OBJECTIONS
- 15 BEYOND JUSTICE AND THE RULE OF LAW?
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