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Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.
Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.
Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.
Together with John Maynard Keynes and Milton Friedman, Joseph Schumpeter is regarded as one of the three greatest economists of the 20th century. And yet, his actual economic writing has remained something of an enigma. Capitalism, Socialism, and Democracy, his best-known work, was also an unscientific throw-off in his view. His major economic works - The Theory of Economic Development and Business Cycles - have been misunderstood and underappreciated. What has not been realized is that key elements of the Schumpeterian system have hitherto gone missing. Clues to that system were contained in his magisterial History of Economic Analysis, but the full-orbed outworking was contained in his unpublished German manuscript on money and banking. Now published in English translation, the Treatise on Money provides the key to understanding Schumpeter's system. It shows that Schumpeter's famous emphasis on 'creative destruction' is a more complex phenomenon than is popularly understood. In particular, it provides an understanding of the workings of money, banking, and the money and capital markets, that are supremely relevant in the light of current monetary and fiscal policy crises. This present volume is therefore an indispensable contribution to revealing the true Schumpeter to the English-speaking world.
Follow the Money is based on a startling insight: there are three different forms of money, not just one; and the form of money a society implements determines the kind of society it will be, and what's more, how it will think. For money is not neutral. It is a product of human artifice, the particular expression of a particular society, that at the same time determines the further course of that society, not just in terms of economics, but in all areas of cultural endeavor. This thesis is implemented with verve. The book takes the reader on a journey through history, beginning with ancient Mesopotamia, through Phoenicia, Greece, and Rome, then through medieval and early-modern Europe in its interaction with the Near and Far East, all the way to the modern-day community of nations. It demonstrates in no uncertain terms just how decisive the institution of money has been, and at the same time just how misunderstood - its role, its effects, even the very form it takes. This is still the case, with the result that political choices and action end up entirely misguided. It is especially true of the attempt to address the credit and debt crises afflicting the world today. The way forward will only come through a better understanding of money as institution. This book is a first step in arriving at such an understanding. As such, it takes the form of historical inquiry, which is the only form such a first step can take. Follow the Money is illustrated and published in full color.
Follow the Money is based on a startling insight: there are three different forms of money, not just one; and the form of money a society implements determines the kind of society it will be, and what's more, how it will think. For money is not neutral. It is a product of human artifice, the particular expression of a particular society, that at the same time determines the further course of that society, not just in terms of economics, but in all areas of cultural endeavor. This thesis is implemented with verve. The book takes the reader on a journey through history, beginning with ancient Mesopotamia, through Phoenicia, Greece, and Rome, then through medieval and early-modern Europe in its interaction with the Near and Far East, all the way to the modern-day community of nations. It demonstrates in no uncertain terms just how decisive the institution of money has been, and at the same time just how misunderstood - its role, its effects, even the very form it takes. This is still the case, with the result that political choices and action end up entirely misguided. It is especially true of the attempt to address the credit and debt crises afflicting the world today. The way forward will only come through a better understanding of money as institution. This book is a first step in arriving at such an understanding. As such, it takes the form of historical inquiry, which is the only form such a first step can take. Follow the Money is illustrated and published in full color.
This is the first complete translation in over 150 years of what many consider to be Hegel's most accessible work. The Lectures on the Philosophy of History are a tour-de-force, an audacious attempt to summarize world history and the purpose behind it. Was Hegel the progenitor of the power-state that unified Germany became? The Lectures, the mature fruit of Hegel's thought, provide many relevant clues. Hegel saw the growth of freedom as the purpose behind history, but he also argued that such freedom could not take root and flourish apart from a state able to impose and enforce the rule of law.
This is the first complete translation in over 150 years of what many consider to be Hegel's most accessible work. The Lectures on the Philosophy of History are a tour-de-force, an audacious attempt to summarize world history and the purpose behind it. Was Hegel the progenitor of the power-state that unified Germany became? The Lectures, the mature fruit of Hegel's thought, provide many relevant clues. Hegel saw the growth of freedom as the purpose behind history, but he also argued that such freedom could not take root and flourish apart from a state able to impose and enforce the rule of law. |
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