The Structure Of Liberty

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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. -

Restoring the Lost Constitution

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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.

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.

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.

The Structure of Liberty

Author : E. Rendy Barnett
Publisher :
ISBN 13 :
Total Pages : 347 pages
Book Rating : 4.:/5 (149 download)

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Book Synopsis The Structure of Liberty by : E. Rendy Barnett

Download or read book The Structure of Liberty written by E. Rendy Barnett and published by . This book was released on 1998 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restoring the Statue of Liberty

Author : Richard Seth Hayden
Publisher :
ISBN 13 : 9780802709035
Total Pages : 156 pages
Book Rating : 4.7/5 (9 download)

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Book Synopsis Restoring the Statue of Liberty by : Richard Seth Hayden

Download or read book Restoring the Statue of Liberty written by Richard Seth Hayden and published by . This book was released on 1986 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Empire of Liberty

Author : Anthony Bogues
Publisher : UPNE
ISBN 13 : 1584659300
Total Pages : 169 pages
Book Rating : 4.5/5 (846 download)

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Book Synopsis Empire of Liberty by : Anthony Bogues

Download or read book Empire of Liberty written by Anthony Bogues and published by UPNE. This book was released on 2010 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and stimulating critique of American empire

Liberty Defined

Author : Ron Paul
Publisher : Grand Central Publishing
ISBN 13 : 1455504432
Total Pages : 352 pages
Book Rating : 4.4/5 (555 download)

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Book Synopsis Liberty Defined by : Ron Paul

Download or read book Liberty Defined written by Ron Paul and published by Grand Central Publishing. This book was released on 2011-04-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Liberty Defined, congressman and #1 New York Times bestselling author Ron Paul returns with his most provocative, comprehensive, and compelling arguments for personal freedom to date. The term "Liberty" is so commonly used in our country that it has become a mere cliché. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, LIBERTY DEFINED sheds new light on a word that is losing its shape.

Liberty for All

Author : Elizabeth Price Foley
Publisher : Yale University Press
ISBN 13 : 0300134991
Total Pages : 303 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Liberty for All by : Elizabeth Price Foley

Download or read book Liberty for All written by Elizabeth Price Foley and published by Yale University Press. This book was released on 2008-10-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: divIn the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time./DIV

The Structure of Liberty

Author : Randy E. Barnett
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198297291
Total Pages : 347 pages
Book Rating : 4.2/5 (972 download)

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Book Synopsis The Structure of Liberty by : Randy E. Barnett

Download or read book The Structure of Liberty written by Randy E. Barnett and published by Oxford University Press on Demand. This book was released on 2000 with total page 347 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.

That Broader Definition of Liberty

Author : Brian Stipelman
Publisher : Lexington Books
ISBN 13 : 073917455X
Total Pages : 332 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis That Broader Definition of Liberty by : Brian Stipelman

Download or read book That Broader Definition of Liberty written by Brian Stipelman and published by Lexington Books. This book was released on 2012-10-04 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Narrow Corridor

Author : Daron Acemoglu
Publisher : Penguin Books
ISBN 13 : 0735224382
Total Pages : 594 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis The Narrow Corridor by : Daron Acemoglu

Download or read book The Narrow Corridor written by Daron Acemoglu and published by Penguin Books. This book was released on 2019 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does history end? -- The Red Queen -- Will to power -- Economics outside the corridor -- Allegory of good government -- The European scissors -- Mandate of Heaven -- Broken Red Queen -- Devil in the details -- What's the matter with Ferguson? -- The paper leviathan -- Wahhab's children -- Red Queen out of control -- Into the corridor -- Living with the leviathan.

Liberty and Freedom

Author : David Hackett Fischer
Publisher : Oxford University Press
ISBN 13 : 9780195162530
Total Pages : 880 pages
Book Rating : 4.1/5 (625 download)

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Book Synopsis Liberty and Freedom by : David Hackett Fischer

Download or read book Liberty and Freedom written by David Hackett Fischer and published by Oxford University Press. This book was released on 2005 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bestselling author of "Washington's Crossing" and "Albion's Seed" offers a strikingly original history of America's founding principles. Fischer examines liberty and freedom not as philosophical or political abstractions, but as folkways and popular beliefs deeply embedded in American culture. 400+ illustrations, 250 in full color.

Our Republican Constitution

Author : Randy E. Barnett
Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 226 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

Liberty and Union

Author : David Herbert Donald
Publisher : Open Road Media
ISBN 13 : 1504034031
Total Pages : 302 pages
Book Rating : 4.5/5 (4 download)

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Book Synopsis Liberty and Union by : David Herbert Donald

Download or read book Liberty and Union written by David Herbert Donald and published by Open Road Media. This book was released on 2016-03-22 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Subject of Liberty

Author : Nancy J. Hirschmann
Publisher : Princeton University Press
ISBN 13 : 1400825369
Total Pages : 311 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Subject of Liberty by : Nancy J. Hirschmann

Download or read book The Subject of Liberty written by Nancy J. Hirschmann and published by Princeton University Press. This book was released on 2009-01-10 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the dominant Western understandings of freedom through the lens of women's real-life experiences of domestic violence, welfare, and Islamic veiling. Nancy Hirschmann argues that the typical approach to freedom found in political philosophy severely reduces the concept's complexity, which is more fully revealed by taking such practical issues into account. Hirschmann begins by arguing that the dominant Western understanding of freedom does not provide a conceptual vocabulary for accurately characterizing women's experiences. Often, free choice is assumed when women are in fact coerced--as when a battered woman who stays with her abuser out of fear or economic necessity is said to make this choice because it must not be so bad--and coercion is assumed when free choices are made--such as when Westerners assume that all veiled women are oppressed, even though many Islamic women view veiling as an important symbol of cultural identity. Understanding the contexts in which choices arise and are made is central to understanding that freedom is socially constructed through systems of power such as patriarchy, capitalism, and race privilege. Social norms, practices, and language set the conditions within which choices are made, determine what options are available, and shape our individual subjectivity, desires, and self-understandings. Attending to the ways in which contexts construct us as "subjects" of liberty, Hirschmann argues, provides a firmer empirical and theoretical footing for understanding what freedom means and entails politically, intellectually, and socially.