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Hayek and Human Rights - Foundations for a Minimalist Approach to Law (Hardcover)
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Hayek and Human Rights - Foundations for a Minimalist Approach to Law (Hardcover)
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Why are discussions of human rights largely absent from Hayek's
writings? Focusing primarily on Hayek's writings in law and
politics, the author examines the building blocks of Hayek's legal
theorizing - the notions of coercion, the Rule of Law ideal,
justice, negative duties, and liberal as opposed to majoritarian
constitutionalism - arguing that each element of Hayek's writing
contributes to his overall perspective on human rights. The author
concludes by summarizing the relationship between the twin themes
that drive Hayek's work: his understanding of the consequences of
the transition from Gemeinschaft to Gesellschaft forms of social
interaction and the implications of an increasing degree of
functional specialization in society. Hayek's vision of the
political and economic future has to a remarkable extent come to
pass, and his writings can now be seen to contain much that is
orthodox and widely accepted. The tight weaving of insights from
diverse academic disciplines into a coherent social theory make his
work of heightened relevance today, and many of the core constructs
and concerns of his theorizing are useful for discussions of human
rights. Students and scholars interested in a multidisciplinary
approach to libertarian or liberal theory, legal and political
theory, or market liberalism, will find this an insightful reading
of one of our great thinkers.
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