Law Liberty And State

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.

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.

Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

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.