Critical Legal Examination of Liberalism and Liberal Rights

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Critical Legal Examination of Liberalism and Liberal Rights

Methods, theory and philosophy of law Social and political philosophy

Author: Matthew McManus

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Collection: Palgrave Studies in Classical Liberalism

Language: English

Published by: Palgrave Macmillan

Published on: 23rd November 2020

Format: LCP-protected ePub

Size: 536 Kb

ISBN: 9783030610258


Objectives of the Book

This book has two aims. First, to provide a critical legal examination of the liberal state and liberal rights in the law, and secondly, to present a systematic alternative to liberal approaches to both the law and rights, grounded in a left wing conception of human dignity.

Context and Argument

At the opening of the 21st century, a remarkable thing happened. Liberalism, once considered the only doctrine left standing at the end of history, began to face renewed competition from both the political left and the post-modern conservative right. This book argues that the way forward is not to abandon, but to radicalize, the potential of the liberal project. Analysing major theoretical positions in order to build a critical genealogy of liberal rights, McManus lucidly develops a left wing alternative to the classic liberal approach to rights drawing on the traditions of liberal egalitarians and deliberative democracy theory. Societies, he argues, should be committed to advancing the human dignity of all through the enshrinement of certain rights into positive state law, the expansion of democracy, and a resolute commitment to economic equality.

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