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3 - Liberalism

Published online by Cambridge University Press:  05 June 2012

Brian Z. Tamanaha
Affiliation:
St John's University, New York
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Summary

Liberalism was born in the pre-modern period of the late-seventeenth and eighteenth centuries. Like any political theory, there are competing versions of liberalism, ranging from the social welfare liberalism of John Rawls, to the libertarian liberalism of Robert Nozick, to the conservative liberalism of Friedrich Hayek, to the pluralistic liberalism of Isaiah Berlin, to the egalitarian liberalism of Amy Gutman. The picture is further complicated because liberalism consists not just of a political theory and system of government, but also a culture, an economic theory, a psychology, a theory of ethics, and a theory of knowledge. Notwithstanding this variety and complexity, every version of liberalism reserves an essential place for the rule of law. And the rule of law today is thoroughly understood in terms of liberalism.

Above all else liberalism emphasizes individual liberty. Put in classic terms by John Stuart Mill: “The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.”

The liberal social contract tradition, formulated most influentially by John Locke, explains the origins of law and the state in idealized terms. Life without law (in the state of nature) is insecure and prone to disputes; keeping the peace requires laws, and unbiased law enforcers and judges.

Type
Chapter
Information
On the Rule of Law
History, Politics, Theory
, pp. 32 - 46
Publisher: Cambridge University Press
Print publication year: 2004

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  • Liberalism
  • Brian Z. Tamanaha, St John's University, New York
  • Book: On the Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511812378.004
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  • Liberalism
  • Brian Z. Tamanaha, St John's University, New York
  • Book: On the Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511812378.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Liberalism
  • Brian Z. Tamanaha, St John's University, New York
  • Book: On the Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511812378.004
Available formats
×