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The Decline of Private Law - A Philosophical History of Liberal Legalism (Hardcover)
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The Decline of Private Law - A Philosophical History of Liberal Legalism (Hardcover)
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This book is a large-scale historical reconstruction of liberal
legalism, from its inception in the mid-nineteenth century, the
moment in which the jurists forged the alliance between political
liberalism and legal expertise embodied in classical private law
doctrine, to the contemporary anxiety about the possibility of both
a liberal solution to the problem of political justification and of
law as a respectable form of expert knowledge. Each stage in the
history is a moment of synthesis between a substantive and a
methodological idea. The former is the liberal political theory of
the period, purporting to provide a solution to the problem of
political justification. The latter is a conception of legal method
or science, supposedly vindicating the access of the expert to the
political choices embodied in the law. Thus, each moment in the
history of liberal legalism integrates a political theory with a
jurisprudential conception. Although it reaches the unsettling
conclusion that liberal legalism has largely failed by its own
standards, the book urges us to avoid quietism, scepticism or
cynicism, in the hope that a deeper understanding of the fragility
of our values and institutions inspires a more thoughtful,
broadminded and nurtured citizenship.
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