The Jurisprudence Annual Lecture 2010 Freedom, Coercion, Necessary Goods and the Rule of Law

Jurisprudence 2 (1):1-16 (2011)
Abstract
This paper focuses on the idea of the rule of law as found in neo-liberal political and legal theory. The central argument is that it is not possible to produce an account of the rule of law and its basic building blocks in such theories—namely freedom, rights and justice—without reference to a set of shared substantive values. The crucial argument is that if freedom is understood negatively, as the absence of coercion, it is not in fact possible to produce an account of coercion which detaches it from conceptions of the good. The impact of this argument is then analysed in relation to a range of themes, one of the central ones of which is that on the neo-liberal view the welfare state cannot be made compatible with the rule of law. The case for this important view is rejected in the paper
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.5235/204033211796290290
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,694
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
On the Road Again: Hayek and the Rule of Law.Juliet Williams - 1997 - Critical Review 11 (1):101-120.
Republican Freedom and the Rule of Law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
The Neo-Liberal State.Raymond Plant - 2009 - Oxford University Press.
Is the Rule of Law Really Indifferent to Human Rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
The Rule of Law Beyond Thick and Thin.Peter Rijpkema - 2013 - Law and Philosophy 32 (6):793-816.
On Deriving Rights to Goods From Rights to Freedom.Tara Smith - 1992 - Law and Philosophy 11 (3):217 - 234.
Punishment and Freedom.Alan Brudner - 2009 - Oxford University Press.
Lon Fuller and the Moral Value of the Rule of Law.Colleen Murphy - 2004 - Law and Philosophy 24 (3):239-262.
Bargaining Advantages and Coercion in the Market.Joan McGregor - 1988 - Philosophy Research Archives 14:23-50.
Basic Concepts of Legal Thought.George P. Fletcher - 1996 - Oxford University Press.
Added to PP index
2011-07-02

Total downloads
22 ( #235,100 of 2,197,202 )

Recent downloads (6 months)
1 ( #298,376 of 2,197,202 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature