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A Historical Sketch of Liberty and Equality is a window to one of the most important historians of all time. The exclusive Liberty Fund edition of F.W. Maitland's classic includes a note on Maitland by Charles Haskins and a general account of Maitland's life and work, "The Historical Spirit Incarnate: Frederic William Maitland," by Robert Schuyler. A historian's historian, F.W. Maitland was never to be caught indulging in fanciful speculation about times long past. Rather, he said, "We shall have to think away distinctions which seem to us as clear as the sunshine; we must think ourselves back into a twilight." To achieve this discipline, Maitland chose his tools of historical analysis with a lawyer's care. For example, to decipher works of medieval law written in Anglo-French patois, he became "grammarian, orthographer, and phoneticist." Thus did none other than Lord Acton declare Maitland to be "the ablest historian in England." In 1875, at only twenty-five years of age, Maitland, in pursuit of a fellowship in Cambridge University, submitted a remarkable work entitled A Historical Sketch of Liberty and Equality as Ideals of English Political History from the Time of Hobbes to the Time of Coleridge.

The author advances the thesis that if there are any moral rights at all, it follows that there is at least one natural right, the equal right of all men to be free. By saying that there is this right, he means that in the absence of certain special conditions which are consistent with the right being an equal right, any adult human being capable of choice (1) has the right to forbearance on the part of all others from the use of coercion or restraint against him save to hinder coercion or restraint and (2) is at liberty to do (i.e., is under no obligation to abstain from) any action which is not one coercing or restraining or designed to injure other persons.

At the present day, when there is renewed interest in the concept of human rights and in the application of this concept to the problems of government, it may be instructive to review an eighteenth-century dispute which was concerned precisely with these themes. Nor should the investigation be any less interesting because the disputants were Edmund Burke and Thomas Paine: both these men have also been the object of renewed attention and study in recent years. Critical work on the biography and bibliography of Paine is being done by Professor Aldridge and Col. Richard Gimbel respectively; while Burke is being well looked after, not only by the able team of experts who, under the leadership of Professor Copeland, are engaged in producing the critical edition of his Correspondence, but also by such individual scholars as D. C. Bryant, C. B. Cone, T. H. D. Mahoney, P. J. Stanlis, C. Parkin, F. Canavan, and A. Cobban. But though Burke and Paine are being studied separately, little work appears to have been done on the relationship between them, apart from an essay by Professor Copeland published more than twelve years ago. It is hoped that the present study, while it does not claim to add anything to the facts about Burke and Paine already known to historians.

First published in 2002. This is Volume XI of twelve in the Library of Philosophy series on Ethics. This study is the author's criticism of some political and ethical conceptions outlined on Natural Rights and was written in 1894.

By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures? In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights that regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.

Between Justice and Politics is a history of the first fifty years of the Ligue des droits de l'Homme—the League of the Rights of Man. This is the first book-length study of the Ligue in any language, and it is informed by the recently available archives of the organization. Founded during the Dreyfus Affair, the Ligue took as its mandate the defense of human rights in all their forms. The central argument of this book—and the point on which it differs from all other writings on the subject—is that the Ligue often failed to live up to its mandate because of its simultaneous commitment to left-wing politics. By the late 1930s the Ligue was in disarray, and by the 1940s a number of its members opted to defend the Vichy regime of Marshal Petain.

The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. 

Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.