The Classical Liberal Constitution

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The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 9780674975460
Total Pages : 0 pages
Book Rating : 4.9/5 (754 download)

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Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2017-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674726499
Total Pages : 701 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-01 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

How Progressives Rewrote the Constitution

Author : Richard A. Epstein
Publisher : Cato Institute
ISBN 13 : 1933995297
Total Pages : 175 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis How Progressives Rewrote the Constitution by : Richard A. Epstein

Download or read book How Progressives Rewrote the Constitution written by Richard A. Epstein and published by Cato Institute. This book was released on 2007-09-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

Public Governance and the Classical-Liberal Perspective

Author : Paul Dragos Aligica
Publisher : Oxford University Press, USA
ISBN 13 : 0190267038
Total Pages : 281 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Public Governance and the Classical-Liberal Perspective by : Paul Dragos Aligica

Download or read book Public Governance and the Classical-Liberal Perspective written by Paul Dragos Aligica and published by Oxford University Press, USA. This book was released on 2019-06-03 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinctive perspective on governance: the building blocks -- Classical liberalism : delineating its theory of governance -- Function, structure, and process at the private-public interface -- Dynamic governance : the polycentrism process and knowledge processes -- Public choice and public administration : the confluence -- Public administration and public choice : charting the field -- Public choice, public administration, and self-governance : the Ostromian confluence -- Heterogeneity, coproduction, and polycentric governance : the Ostroms' public choice institutionalism revisited -- Framing the applied level : themes, issue areas, and cases -- Metropolitan governance : polycentric solutions for complex problems -- Independent regulatory agencies and their reform : an exercise in institutional imagination -- Polycentric stakeholder analysis : corporate governance and corporate social responsibility -- Conclusions: governance and public management : a vindication of the classical-liberal perspective?

Skepticism and Freedom

Author : Richard A. Epstein
Publisher : University of Chicago Press
ISBN 13 : 9780226213040
Total Pages : 324 pages
Book Rating : 4.2/5 (13 download)

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Book Synopsis Skepticism and Freedom by : Richard A. Epstein

Download or read book Skepticism and Freedom written by Richard A. Epstein and published by University of Chicago Press. This book was released on 2003-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.

Liberalism and American Constitutional Law

Author : Rogers M. Smith
Publisher : Harvard University Press
ISBN 13 : 9780674530157
Total Pages : 350 pages
Book Rating : 4.5/5 (31 download)

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Book Synopsis Liberalism and American Constitutional Law by : Rogers M. Smith

Download or read book Liberalism and American Constitutional Law written by Rogers M. Smith and published by Harvard University Press. This book was released on 1985 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review

Public and Private Morality

Author : Stuart Hampshire
Publisher : Cambridge University Press
ISBN 13 : 9780521293525
Total Pages : 156 pages
Book Rating : 4.2/5 (935 download)

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Book Synopsis Public and Private Morality by : Stuart Hampshire

Download or read book Public and Private Morality written by Stuart Hampshire and published by Cambridge University Press. This book was released on 1978-10-31 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?

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.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Passions and Constraint

Author : Stephen Holmes
Publisher : University of Chicago Press
ISBN 13 : 9780226349688
Total Pages : 360 pages
Book Rating : 4.3/5 (496 download)

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Book Synopsis Passions and Constraint by : Stephen Holmes

Download or read book Passions and Constraint written by Stephen Holmes and published by University of Chicago Press. This book was released on 1995-06 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holmes argues that the aspirations of liberal democracy - including individual liberty, the equal dignity of citizens, and a tolerance for diversity - are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraints on individual passions provided by robust institutions. Paradoxically, Holmes argues, such institutional restraints serve to enable, rather than limit or dilute, effective democracy.

The Constitution of Freedom

Author : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0191046043
Total Pages : 450 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Common Good Constitutionalism

Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

The Dubious Morality of Modern Administrative Law

Author : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Publisher : Rowman & Littlefield
ISBN 13 : 1538141507
Total Pages : 237 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis The Dubious Morality of Modern Administrative Law by : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

The Cambridge Handbook of Classical Liberal Thought

Author : M. Todd Henderson
Publisher : Cambridge University Press
ISBN 13 : 1108266185
Total Pages : 726 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Cambridge Handbook of Classical Liberal Thought by : M. Todd Henderson

Download or read book The Cambridge Handbook of Classical Liberal Thought written by M. Todd Henderson and published by Cambridge University Press. This book was released on 2018-09-13 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polls suggest up to twenty percent of Americans describe their beliefs as 'libertarian', but libertarians are often derided as heartless Social Darwinists or naïve idealists. This illuminating handbook brings together scholars from a range of fields (from law to philosophy to politics to economics) and political perspectives (right, left, and center) to consider how classical liberal principles can help us understand and potentially address a variety of pressing social problems including immigration, climate change, the growth of the prison population, and a host of others. Anyone interested in political theory or practical law and politics will find this book an essential resource for understanding this major strand of American politics.

The Free and Prosperous Commonwealth;

Author : Ludwig 1881-1973 Von Mises
Publisher : Hassell Street Press
ISBN 13 : 9781014506023
Total Pages : 232 pages
Book Rating : 4.5/5 (6 download)

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Book Synopsis The Free and Prosperous Commonwealth; by : Ludwig 1881-1973 Von Mises

Download or read book The Free and Prosperous Commonwealth; written by Ludwig 1881-1973 Von Mises and published by Hassell Street Press. This book was released on 2021-09-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Founding Fathers Guide to the Constitution

Author : Brion McClanahan
Publisher : Simon and Schuster
ISBN 13 : 162157072X
Total Pages : 262 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Founding Fathers Guide to the Constitution by : Brion McClanahan

Download or read book The Founding Fathers Guide to the Constitution written by Brion McClanahan and published by Simon and Schuster. This book was released on 2013-05-20 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are liberals right when they cite the “elastic” clauses of the Constitution to justify big government? Or are conservatives right when they cite the Constitution’s explicit limits on federal power? The answer lies in a more basic question: How did the founding generation intend for us to interpret and apply the Constitution? Professor Brion McClanahan, popular author of The Politically Incorrect Guide™ to the Founding Fathers, finds the answers by going directly to the source—to the Founding Fathers themselves, who debated all the relevant issues in their state constitutional conventions. In The Founding Fathers’ Guide to the Constitution, you’ll discover: How the Constitution was designed to protect rather than undermine the rights of States Why Congress, not the executive branch, was meant to be the dominant branch of government—and why the Founders would have argued for impeaching many modern presidents for violating the Constitution Why an expansive central government was the Founders’ biggest fear, and how the Constitution—and the Bill of Rights—was designed to guard against it Why the founding generation would regard most of the current federal budget—including “stimulus packages”—as unconstitutional Why the Founding Fathers would oppose attempts to “reform” the Electoral College Why the Founding Fathers would be horrified at the enormous authority of the Supreme Court, and why the Founders intended Congress, not the Court, to interpret federal law Authoritative, fascinating, and timely, The Founding Fathers’ Guide to the Constitution is the definitive layman’s guide to America’s most important—and often willfully misunderstood—historical document

Classical Liberalism – A Primer

Author : Eamonn Butler
Publisher : London Publishing Partnership
ISBN 13 : 0255367082
Total Pages : 160 pages
Book Rating : 4.2/5 (553 download)

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Book Synopsis Classical Liberalism – A Primer by : Eamonn Butler

Download or read book Classical Liberalism – A Primer written by Eamonn Butler and published by London Publishing Partnership. This book was released on 2015-07-16 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer aims to provide a straightforward introduction to the principles, personalities and key developments in classical liberalism. It is designed for students and lay readers who may understand the general concepts of social, political and economic freedom, but who would like a systematic presentation of its essential elements.