The Structure of Liberty : Justice and the Rule of Law
The Structure of Liberty : Justice and the Rule of Law

Author: Randy E. Barnett

Publisher: Oxford University Press, USA

Published: 1998-04-02

Total Pages: 363

ISBN-13: 019152204X

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In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Restoring the Lost Constitution
Restoring the Lost Constitution

Author: Randy E. Barnett

Publisher: Princeton University Press

Published: 2013-11-24

Total Pages: 448

ISBN-13: 0691159734

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Active Liberty
Active Liberty

Author: Stephen Breyer

Publisher: Vintage

Published: 2007-12-18

Total Pages: 176

ISBN-13: 0307424618

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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

The Structure of Liberty
The Structure of Liberty

Author: Randy E. Barnett

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 390

ISBN-13: 019870092X

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This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

Design for Liberty
Design for Liberty

Author: Richard A. Epstein

Publisher: Harvard University Press

Published: 2011-11-15

Total Pages: 247

ISBN-13: 0674063058

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Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Empire of Liberty
Empire of Liberty

Author: Anthony Bogues

Publisher: UPNE

Published: 2010

Total Pages: 169

ISBN-13: 1584659300

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An original and stimulating critique of American empire

That Broader Definition of Liberty
That Broader Definition of Liberty

Author: Brian Stipelman

Publisher: Lexington Books

Published: 2012-10-04

Total Pages: 332

ISBN-13: 073917455X

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That Broader Definition of Liberty synthesizes a political theory of the New Deal from the writings of Franklin Roosevelt, Eleanor Roosevelt, Henry Wallace, and Thurman Arnold. The resultant theory highlights the need for the public accountability of private economic power, arguing that when the private economic realm is unable to adequately guarantee the rights of citizens, the state must intervene to protect those rights. The New Deal created a new American social contract that accorded our right to the pursuit of happiness a status equal to liberty, and grounded both in an expansive idea of security as the necessary precondition for the exercise of either. This was connected to a theory of the common good that privileged the consumer as the central category while simultaneously working to limit the worst excesses of consumption-oriented individualism. This theory of ends was supplemented by a theory of practice that focused on ways to institutionalize progressive politics in a conservative institutional context. Brian Stipelman, drawing upon a mixture of history, American political development, and political theory, offers a comprehensive theory of the New Deal, covering both the ends it hoped to achieve and the means it used to achieve them.

Liberty and Union
Liberty and Union

Author: David Herbert Donald

Publisher: Open Road Media

Published: 2016-03-22

Total Pages: 302

ISBN-13: 1504034031

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The two-time Pulitzer Prize winner’s penetrating analysis of the crisis of democracy during the Civil War and Reconstruction eras. In Liberty and Union, David Herbert Donald persuasively examines one of the most tumultuous periods in American history. With the same wit, eloquence, and willingness to question received wisdom that define his acclaimed biographies of Abraham Lincoln and Charles Sumner, Donald suggests that it was the commonalities between North and South—and not their differences—that led to the earth-shattering conflict that was the Civil War and defined the chaotic years that followed. Exploring the political, social, and economic impact of the war, emancipation, Reconstruction, and westward expansion, Donald combines history and philosophy, offering a bold and thought-provoking analysis that goes far in explaining the nation we live in today. Riveting, illuminating, and provocative, Liberty and Union sheds a brilliant light on a half-century of US history and addresses a perennial problem of democratic societies all over the world: how to reconcile majority rule and minority rights.

Give Me Liberty
Give Me Liberty

Author: Naomi Wolf

Publisher: Simon and Schuster

Published: 2008-09-16

Total Pages: 403

ISBN-13: 141659258X

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In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation. As the practice of democracy becomes a lost art, Americans are increasingly desperate for a restored nation. Many have a general sense that the “system” is in disorder—if not on the road to functional collapse. But though it is easy to identify our political problems, the solutions are not always as clear. In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the breathtaking changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation.