Freedom Under the Private Law

Author: Allan Beever
Publisher: Edward Elgar Publishing
ISBN: 9781035314515
Published In: October 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,482.00

HKD 1,437.54 Save HKD 44.46 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato’s conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day.

In this thought-provoking book, Allan Beever argues that today’s dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward.

This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.

1. Introduction

PART I: THE COLLECTIVIST STATE

2. The decline of the rule of law 3. The rise of the welfare state 4. Marx and the modern world 5. Collectivist government in the twentieth century 6. Key conclusions on the collectivist state

PART II: LAW IN THE COLLECTIVIST STATE

7. Freedom under the law 8. Abuse of rights 9. Tailoring rights 10. Demoting rights 11. In lieu of rights 12. Negligence and the collapse of the rule of law 13. Punishment and the Philosopher Kings 14. Conclusion to Freedom under the Private Law

Bibliography

Index