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Both within Australia and internationally, the legal profession and society more widely increasingly encounter issues that test the relationship between law, liberty and human rights. Assembling contributions from a team of international scholars, the 2nd edition of this edited text gathers together both longstanding theories and recent jurisprudential thinking to examine, from different theoretical and philosophical perspectives, the connection between law and liberty. Not every type of legal and constitutional system secures liberty. The contributors to the book investigate the liberal legal tradition from Aristotle to the present day scholars to illuminate the intellectual foundations of a liberal legal order and the challenges that face it today. It draws on the great jurisprudential traditions in addressing issues concerning liberty, including classical natural law theory, legal positivism, utilitarianism, evolutionary theory, economic analysis of law, republican theory, institutional theory and Hohfeldian analysis of fundamental legal conceptions. In addition, the book deals with contemporary threats to liberty, including those arising from terrorist movements, the Global Financial Crisis and the erosion of property rights through regulatory takings.
Abstract concepts and complex issues are presented in a manner that makes them readily accessible to lawyers, academics, policy makers, and students of law, jurisprudence, philosophy and political science.