About this nonfiction
Freedom Legality and the Rule of Law by John A. Bruegger is a nonfiction available to read on EtoBox.
There are numerous interactions between the rule of law and theconcept of freedom. We can see this by looking at Fuller’s eight principlesof legality, the positive and negative theories of liberty, coercive andempowering laws, and the formal and substantive rules of law. Adherenceto the rules of formal legality promotes freedom by creating stability andpredictability in the law, on which the people can then rely to plan theirbehaviors around the law—this is freedom under the law. Coercive lawscan actually promote negative liberty by pulling people out of aHobbesian state of nature, and then thereafter can be seen to decreasenegative liberty by restricting the behaviors that a person can performwithout receiving a sanction. Empowering laws promote negative freedomby creating new legal abilities, which the people can perform. The law canenhance positive freedom when it prohibits negative behaviors andpromotes positive behaviors. Finally, the content of the law can be used toeither promote or suppress individual freedom.
It is typically read by self-directed learners exploring a subject in depth.
Common subject areas: history, science, philosophy, social sciences.
- Author
- John A. Bruegger
- Publisher
- Washington University Jurisprudence Review
- Published
- 2016
- Language
- EN
- Category
- nonfiction
- Subjects
- Law, Legal Theory & Philosophy