Liberty And Coercion

Author : Gary Gerstle
Publisher : Princeton University Press
ISBN 13 : 0691178216
Total Pages : 470 pages
Book Rating : 4.19/5 ( download)

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Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.

Author : Alain Marciano
Publisher : Edward Elgar Publishing
ISBN 13 : 1847207103
Total Pages : 297 pages
Book Rating : 4.04/5 ( download)

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Download or read book Democracy, Freedom and Coercion written by Alain Marciano and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic democracy, the identification of the developing pattern of democracy, the impact of political violence etc. But the essays combine well so that together they illuminate the big picture from a variety of perspectives. Thought provoking and challenging an excellent read for anyone interested in the more detailed analysis of the issues that make up the big picture. Alan Hamlin, University of Manchester, UK So much of the academic analysis of democracy focuses on agreement and ignores the fact that all government action ultimately is backed by coercion. This volume offers a thoughtful examination of the inherent tensions between liberty and coercion that are an inevitable part of democratic government. Randall G. Holcombe, Florida State University, US States need to be strong in order to enforce private property rights; yet, this very strength can cause problems as representatives of the state can misuse it for their individual goals. This dilemma of the strong state has been occupying political philosophers for centuries. In this volume, to which economists but also political scientists have contributed, a number of new and unexpected variations on the topic are explored. This makes the volume an exciting read. Stefan Voigt, University of Marburg, Germany The contribution covers the niche between law and economics and the political theory of the state and its constitution. Now we can integrate traditional political theory into our doctoral seminars in law and economics a long overdue step ahead. Jürgen G. Backhaus, Erfurt University, Germany The essence of democratic power lies in the capacity to protect individual freedom while organizing the necessary coercion associated with any form of government. Yet, as the authors of this book maintain, developing coercion in order to protect freedom, and containing coercion in order to further protect freedom, is an arduous task, and one that faces any democratic Leviathan. The aim of this book is to explore this paradox and to analyse the intricate balance of freedom and coercion in developing states. In so doing it considers the legal and institutional conditions under which coercion and violence are admitted and/or permitted, and how these conditions should be organized in order to preserve and develop freedom as far as possible. Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics. It will also serve as a reference tool to those academics in the field of legal competition, especially from the perspective of European issues.

Author : James Fitzjames Stephen
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.27/5 ( download)

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Download or read book Liberty, Equality, Fraternity written by James Fitzjames Stephen and published by . This book was released on 1873 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert L. Simon
Publisher : John Wiley & Sons
ISBN 13 : 0470756535
Total Pages : 344 pages
Book Rating : 4.39/5 ( download)

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Download or read book The Blackwell Guide to Social and Political Philosophy written by Robert L. Simon and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackwell Guide to Social and Political Philosophy brings together a collection of newly commissioned essays which examine fundamental issues in social and political theory. Written by leading social and political philosophers, each essay provides a map to the history of the issue at hand and a judicious assessment of the main arguments that have been brought to bear upon that issue.

Author : Steve Fraser
Publisher : Princeton University Press
ISBN 13 : 0691216258
Total Pages : 338 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Rise and Fall of the New Deal Order, 1930-1980 written by Steve Fraser and published by Princeton University Press. This book was released on 2020-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The description for this book, The Rise and Fall of the New Deal Order, 1930-1980, will be forthcoming.

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674063058
Total Pages : 247 pages
Book Rating : 4.51/5 ( download)

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Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Author : Evan Stark
Publisher : Oxford University Press
ISBN 13 : 0195384040
Total Pages : 465 pages
Book Rating : 4.48/5 ( download)

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Download or read book Coercive Control written by Evan Stark and published by Oxford University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.

Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.17/5 ( download)

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Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Author : Aeon J. Skoble
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.92/5 ( download)

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Download or read book Deleting the State written by Aeon J. Skoble and published by . This book was released on 2008 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the state a necessary evil? Or can we hope to evolve beyond it? This book, in the tradition of Robert Nozick's Anarchy, State, and Utopia, sheds new light on persistent philosophical questions about the nature and justification of political authority.

Author : Thomas Szasz
Publisher : Transaction Publishers
ISBN 13 : 1412808952
Total Pages : 295 pages
Book Rating : 4.58/5 ( download)

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Download or read book Coercion as Cure written by Thomas Szasz and published by Transaction Publishers. This book was released on 2011-12-31 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the history of psychiatry requires an accurate view of its function and purpose. In this provocative new study, Szasz challenges conventional beliefs about psychiatry. He asserts that, in fact, psychiatrists are not concerned with the diagnosis and treatment of bona fide illnesses. Psychiatric tradition, social expectation, and the law make it clear that coercion is the profession's determining characteristic. Psychiatrists may "diagnose" or "treat" people without their consent or even against their clearly expressed wishes, and these involuntary psychiatric interventions are as different as are sexual relations between consenting adults and the sexual violence we call "rape." But the point is not merely the difference between coerced and consensual psychiatry, but to contrast them. The term "psychiatry" ought to be applied to one or the other, but not both. As long as psychiatrists and society refuse to recognize this, there can be no real psychiatric historiography. The coercive character of psychiatry was more apparent in the past than it is now. Then, insanity was synonymous with unfitness for liberty. Toward the end of the nineteenth century, a new type of psychiatric relationship developed, when people experiencing so-called "nervous symptoms," sought help. This led to a distinction between two kinds of mental diseases: neuroses and psychoses. Persons who complained about their own behavior were classified as neurotic, whereas persons about whose behavior others complained were classified as psychotic. The legal, medical, psychiatric, and social denial of this simple distinction and its far-reaching implications undergirds the house of cards that is modern psychiatry. Coercion as Cure is the most important book by Szasz since his landmark The Myth of Mental Illness.