On Ordered Liberty

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Ordered Liberty

Author : James E. Fleming
Publisher : Harvard University Press
ISBN 13 : 0674070747
Total Pages : 482 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Ordered Liberty by : James E. Fleming

Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Liberty, Order, and Justice

Author : James McClellan
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Liberty, Order, and Justice by : James McClellan

Download or read book Liberty, Order, and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.

Just War and Ordered Liberty

Author : Paul D. Miller
Publisher : Cambridge University Press
ISBN 13 : 1108892418
Total Pages : 277 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Just War and Ordered Liberty by : Paul D. Miller

Download or read book Just War and Ordered Liberty written by Paul D. Miller and published by Cambridge University Press. This book was released on 2021-01-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.

Ordered Liberty

Author : James E. Fleming
Publisher : Harvard University Press
ISBN 13 : 0674067452
Total Pages : 384 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Ordered Liberty by : James E. Fleming

Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.

Liberty and Order

Author : Lance Banning
Publisher :
ISBN 13 : 9780865974180
Total Pages : 0 pages
Book Rating : 4.9/5 (741 download)

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Book Synopsis Liberty and Order by : Lance Banning

Download or read book Liberty and Order written by Lance Banning and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Order is an ambitious anthology of primary source writings: letters, circulars, debate transcriptions, House proceedings, and newspaper articles that document the years during which America's founding generation divided over the sort of country the United States was to become. The founders' arguments over the proper construction of the new Constitution, the political economy, the appropriate level of popular participation in a republican polity, foreign policy, and much else, not only contributed crucially to the shaping of the nineteenth-century United States, but also have remained of enduring interest to all historians of republican liberty. This anthology makes it possible to understand the grounds and development of the great collision, which pitted John Adams, Alexander Hamilton, and others who called themselves Federalists or, sometimes, the friends of order, against the opposition party led by Thomas Jefferson, James Madison, and their followers, in what emerged as the Jeffersonian Republican Party. Editor Lance Banning provides the reader with original-source explanations of early anti-Federalist feeling and Federalist concerns, beginning with the seventh letter from the 'Federal Farmer', in which the deepest fears of many opponents of the Constitution were expressed. He then selects from the House proceedings concerning the Bill of Rights and makes his way toward the public debates concerning the massive revolutionary debt acquired by the United States. The reader is able to examine the American reaction to the French Revolution and to the War of 1812, and to explore the founders' disagreements over both domestic and foreign policy. The collection ends on a somewhat melancholy note with the correspondence of Jefferson and Adams, who were, to some extent, reconciled to each other at the end of their political careers. Brief, elucidatory headnotes place both the novice and the expert in the midst of the times. - Back cover.

Liberty, Order, and Justice

Author : James McClellan
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Liberty, Order, and Justice by : James McClellan

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

Author : Matthew W. Lunder
Publisher : Rowman & Littlefield
ISBN 13 : 1793626359
Total Pages : 285 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Concept of Ordered Liberty and the Common-Law Due-Process Tradition by : Matthew W. Lunder

Download or read book The Concept of Ordered Liberty and the Common-Law Due-Process Tradition written by Matthew W. Lunder and published by Rowman & Littlefield. This book was released on 2021-01-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.

Active Liberty

Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Active Liberty by : Stephen Breyer

Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. -

Power Versus Liberty

Author : James H. Read
Publisher : University of Virginia Press
ISBN 13 : 0813919118
Total Pages : 352 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Power Versus Liberty by : James H. Read

Download or read book Power Versus Liberty written by James H. Read and published by University of Virginia Press. This book was released on 2000 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does every increase in the power of government entail a loss of liberty for the people? James H. Read examines how four key Founders--James Madison, Alexander Hamilton, James Wilson, and Thomas Jefferson--wrestled with this question during the first two decades of the American Republic. Power versus Liberty reconstructs a four-way conversation--sometimes respectful, sometimes shrill--that touched on the most important issues facing the new nation: the Constitution, the Bill of Rights, federal authority versus states' rights, freedom of the press, the controversial Bank of the United States, the relation between nationalism and democracy, and the elusive meaning of "the consent of the governed." Each of the men whose thought Read considers differed on these key questions. Jefferson believed that every increase in the power of government came at the expense of liberty: energetic governments, he insisted, are always oppressive. Madison believed that this view was too simple, that liberty can be threatened either by too much or too little governmental power. Hamilton and Wilson likewise rejected the Jeffersonian view of power and liberty but disagreed with Madison and with each other. The question of how to reconcile energetic government with the liberty of citizens is as timely today as it was in the first decades of the Republic. It pervades our political discourse and colors our readings of events from the confrontation at Waco to the Oklahoma City bombing to Congressional debate over how to spend the government surplus. While the rhetoric of both major political parties seems to posit a direct relationship between the size of our government and the scope of our political freedoms, the debates of Madison, Hamilton, Wilson, and Jefferson confound such simple dichotomies. As Read concludes, the relation between power and liberty is inherently complex.

Observations on the Nature of Civil Liberty

Author : Richard Price
Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Observations on the Nature of Civil Liberty by : Richard Price

Download or read book Observations on the Nature of Civil Liberty written by Richard Price and published by . This book was released on 1776 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

On Ordered Liberty

Author : Samuel Gregg
Publisher : Lexington Books
ISBN 13 : 9780739106686
Total Pages : 148 pages
Book Rating : 4.1/5 (66 download)

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Book Synopsis On Ordered Liberty by : Samuel Gregg

Download or read book On Ordered Liberty written by Samuel Gregg and published by Lexington Books. This book was released on 2003 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Ordered Liberty goes beyond the liberal and conservative divide, asking its readers to think about the proper ends of human choice and actions in a free society. Beginning with the insights of Alexis de Tocqueville and some natural law sources, author Samuel Gregg suggests that integral law must be distinguished from most contemporary visions of freedom. This requires, he believes, a complete repudiation of utilitarian ideas as incompatable with human nature and further analysis of the basic but often neglected-question: what is man?

The Roots of American Order

Author : Russell Kirk
Publisher : Simon and Schuster
ISBN 13 : 1684516390
Total Pages : 561 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis The Roots of American Order by : Russell Kirk

Download or read book The Roots of American Order written by Russell Kirk and published by Simon and Schuster. This book was released on 2023-07-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: What holds America together? In this classic work, Russell Kirk identifies the beliefs and institutions that have nurtured the American soul and commonwealth. Beginning with the Hebrew prophets, Kirk examines in dramatic fashion the sources of American order. His analytical narrative might be called a "tale of five cities": Jerusalem, Athens, Rome, London, and Philadelphia. For an understanding of the significance of America in the twenty-first century, Russell Kirk's masterpiece on the history of American civilization is unsurpassed.

Ordered Liberty

Author : Gerald L. Fetner
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.:/5 (38 download)

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Book Synopsis Ordered Liberty by : Gerald L. Fetner

Download or read book Ordered Liberty written by Gerald L. Fetner and published by . This book was released on 1983 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Essentials of Freedom

Author : Raymond English
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The Essentials of Freedom by : Raymond English

Download or read book The Essentials of Freedom written by Raymond English and published by . This book was released on 1960 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

On Civil Liberty and Self-government

Author : Francis Lieber
Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis On Civil Liberty and Self-government by : Francis Lieber

Download or read book On Civil Liberty and Self-government written by Francis Lieber and published by . This book was released on 1859 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Design for Liberty

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674063058
Total Pages : 247 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Design for Liberty by : Richard A. Epstein

Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.