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| PDF Title : | Epistemology and Methodology of Comparative Law |
|---|---|
| Total Page : | 408 Pages |
| Author: | Mark Van Hoecke |
| PDF Size : | 1,443 KB |
| Language : | English |
| Source : | indianpdf |
| PDF Link : | Available |
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Epistemology and Methodology of Comparative Law
There are many definitions of liberalism. With Foucault178 we consider a critical stand towards the accumulation of power as the core essence of this political movement.
Rawls’ attachment to the concept of man as a moral person carries him away from liberalism. Rights are about empowering the individual to participate in liberal democracy, Rawls seems to think while forgetting the first function of constitutional law, which is to restrict the powers of the state and other actors.
Rawls’ new approach is a step away from the contract method: in the name of personhood contractors now accept considerable curtailing of their initial liberty. Cutting away less basic liberties in an attempt to avoid.