Against Post-Liberal Courts and Justice / Palgrave Studies in Classical Liberalism (PDF)

This book covers how liberal institutions - constitutional democracy, economic markets, liberal courts, free trade, international human rights - around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the courts and justice system are patently unjust. Liberalism is said to be too nihilistic, too individualistic, too liberal on lifestyles, not committed enough to basic freedoms like free speech, too egalitarian, too cosmopolitan, too elitist to meet society's needs and advance the common good. This volume makes the case against post-liberal courts and justice by reconnecting to the liberal principles of moral equality and dignified freedom for all. It provides an accessible reintroduction to the work of Ronald Dworkin. Dworkin was one of the most important liberal legal and political thinkers of the pastcentury. The intention of the authors is to show how there is great untapped potential in the work of Ronald Dworkin's work to guide the thinking of progressive liberals through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial issues before the Supreme Court, ranging from election funding to abortion, race-sensitive affirmative action, and barriers to equality of opportunity.

Lesley A. Jacobs is Professor & Vice-President of Research & Innovation at Ontario Tech University and Professor at York University, Canada.

Matthew McManus is Lecturer in Political Science, University of Michigan, USA.