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. -

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.

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.

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.

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:

Download or read book The Structure of Liberty written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 2014 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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.

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.

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.

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.

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

Download or read book Intellectual Liberty written by Dr Hugh Breakey and published by Ashgate Publishing, Ltd.. This book was released on 2012-12-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.

Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.

Download or read book The Meaning of Liberty Beyond Earth written by Charles S. Cockell and published by Springer. This book was released on 2014-09-24 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to initiate a new discussion on liberty focusing on the infinite realms of space. The discussion of the nature of liberty and what it means for a human to be free has occupied the minds of thinkers since the Enlightenment. However, without exception, every one of these discussions has focused on the character of liberty on the Earth. The emergence of human space exploration programs in the last 40-50 years raise a fundamental and new question: what will be the future of liberty in space? This book takes the discussion of liberty into the extraterrestrial environment. In this book, new questions will be addressed such as: Can a person be free when the oxygen the individual breathes is the result of a manufacturing process controlled by someone else? Will the interdependence required to survive in the extremities of the extraterrestrial environment destroy individualism? What are the obligations of the individual to the extraterrestrial state? How can we talk of extraterrestrial liberty when everyone is dependent on survival systems?

Download or read book The Forum and the Tower written by Mary Ann Glendon and published by OUP USA. This book was released on 2011-08-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between politics and the academy has been fraught with tension and regret - and the occasional brilliant success - since Plato himself. This book examines thinkers who have collaborated with leaders, from ancient Syracuse to the modern White House, in a series of brisk portraits that explore the meeting of theory and reality.

Download or read book Conceived in Liberty written by Murray Newton Rothbard and published by Ludwig von Mises Institute. This book was released on 2011 with total page 1673 pages. Available in PDF, EPUB and Kindle. Book excerpt: