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Author: Randy E. Barnett
Publisher: Oxford University Press, USA
ISBN: 019152204X
Category : Political Science
Languages : en
Pages : 363
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Book Description
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. -
Author: Randy E. Barnett
Publisher: Oxford University Press, USA
ISBN: 019152204X
Category : Political Science
Languages : en
Pages : 363
Get Book Here
Book Description
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. -
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
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Book Description
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.
Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176
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Book Description
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.
Author: Richard Seth Hayden
Publisher:
ISBN: 9780802709035
Category : New York (N.Y.)
Languages : en
Pages : 156
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Book Description
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674063058
Category : Law
Languages : en
Pages : 247
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Book Description
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.
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
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Book Description
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author: Daron Acemoglu
Publisher: Penguin
ISBN: 0735224404
Category : Political Science
Languages : en
Pages : 593
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Book Description
From the winners of the 2024 Nobel Prize for Economics and the authors of the international bestseller Why Nations Fail "Why is it so difficult to develop and sustain liberal democracy? The best recent work on this subject comes from a remarkable pair of scholars, Daron Acemoglu and James A. Robinson. In their latest book, The Narrow Corridor, they have answered this question with great insight." —Fareed Zakaria, The Washington Post In Why Nations Fail, Daron Acemoglu and James A. Robinson argued that countries rise and fall based not on culture, geography, or chance, but on the power of their institutions. In their new book, they build a new theory about liberty and how to achieve it, drawing a wealth of evidence from both current affairs and disparate threads of world history. Liberty is hardly the "natural" order of things. In most places and at most times, the strong have dominated the weak and human freedom has been quashed by force or by customs and norms. Either states have been too weak to protect individuals from these threats, or states have been too strong for people to protect themselves from despotism. Liberty emerges only when a delicate and precarious balance is struck between state and society. There is a Western myth that political liberty is a durable construct, arrived at by a process of "enlightenment." This static view is a fantasy, the authors argue. In reality, the corridor to liberty is narrow and stays open only via a fundamental and incessant struggle between state and society: The authors look to the American Civil Rights Movement, Europe’s early and recent history, the Zapotec civilization circa 500 BCE, and Lagos’s efforts to uproot corruption and institute government accountability to illustrate what it takes to get and stay in the corridor. But they also examine Chinese imperial history, colonialism in the Pacific, India’s caste system, Saudi Arabia’s suffocating cage of norms, and the “Paper Leviathan” of many Latin American and African nations to show how countries can drift away from it, and explain the feedback loops that make liberty harder to achieve. Today we are in the midst of a time of wrenching destabilization. We need liberty more than ever, and yet the corridor to liberty is becoming narrower and more treacherous. The danger on the horizon is not "just" the loss of our political freedom, however grim that is in itself; it is also the disintegration of the prosperity and safety that critically depend on liberty. The opposite of the corridor of liberty is the road to ruin.
Author: George H. Smith
Publisher: Cambridge University Press
ISBN: 110735479X
Category : Political Science
Languages : en
Pages : 237
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Book Description
Liberal individualism, or 'classical liberalism' as it is often called, refers to a political philosophy in which liberty plays the central role. This book demonstrates a conceptual unity within the manifestations of classical liberalism by tracing the history of several interrelated and reinforcing themes. Concepts such as order, justice, rights and freedom have imparted unity to this diverse political ideology by integrating context and meaning. However, they have also sparked conflict, as classical liberals split on a number of issues, such as legitimate exceptions to the 'presumption of liberty', the meaning of 'the public good', natural rights versus utilitarianism, the role of the state in education, and the rights of resistance and revolution. This book explores these conflicts and their implications for contemporary liberal and libertarian thought.
Author: David Herbert Donald
Publisher: Open Road Media
ISBN: 1504034031
Category : History
Languages : en
Pages : 302
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Book Description
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.
Author: Anthony Bogues
Publisher: UPNE
ISBN: 1584659300
Category : History
Languages : en
Pages : 169
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Book Description
An original and stimulating critique of American empire
