Chapter

Liberalism: The Right, The Good, and the Scope of Public Law (I)

P. P. CRAIG

in Public Law and Democracy in the United Kingdom and the United States of America

Published in print January 1991 | ISBN: 9780198256373
Published online March 2012 | e-ISBN: 9780191681646 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256373.003.0008

Series: Clarendon Law Series

Liberalism: The Right, The Good, and the Scope of Public Law (I)

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This chapter examines the concept of liberalism. First, it examines the Rawlsian conception of liberalism in order to understand the enumeration of rights. Second, it considers the implications of the concept of liberalism for the role of the public law. It discusses the role of public law both within ‘ideal theory’ and ‘non-ideal theory’. Rawls’s theory was the subject of detailed philosophical scrutiny by many writers who pointed to difficulties within his thesis. Such criticisms are included within the analysis.

Keywords: Rawls; public law; equal liberties; ideal theory; fair equality; justice theory; liberalism

Chapter.  15728 words. 

Subjects: Constitutional and Administrative Law

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