Freedom Under the Private Law

Hardback

Freedom Under the Private Law

9781035314515 Edward Elgar Publishing
Allan Beever, Professor of Law, School of Law, Auckland University of Technology, New Zealand
Publication Date: October 2023 ISBN: 978 1 03531 451 5 Extent: c 368 pp
Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato’s conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day. It offers a nuanced analysis of the intersection between private law and personal freedom.

Copyright & permissions

Recommend to librarian

Your Details

Privacy Policy

Librarian Details

Download leaflet

Print page

More Information
Critical Acclaim
More Information
Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato’s conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day.

In this thought-provoking book, Allan Beever argues that today’s dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward.

This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.
Critical Acclaim
‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’
– Andrew Botterell, University of Western Ontario, Canada
My Cart