The Structure of Liberty
Justice and the Rule of Law
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 6 February 2014
- ISBN 9780198700920
- Binding Paperback
- No. of pages400 pages
- Size 234x153x21 mm
- Weight 586 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
In this book, legal scholar Randy Barnett elaborates and defends the fundamental premise of the Declaration of Independence: that all persons have a natural right to pursue happiness so long as they respect the equal rights of others, and that governments are only justly established to secure these rights.
Drawing upon insights from philosophy, economics, political theory, and law, Barnett explains why, when people pursue happiness while living in society with each other, they confront the pervasive social problems of knowledge, interest and power. These problems are best dealt with by ensuring the liberty of the people to pursue their own ends, but this liberty is distinguished from "license" by certain fundamental rights and procedures associated with the classical liberal conception of "justice" and "the rule of law." He then outlines the constitutional framework that is needed to put these principles into practice.
In a new Afterword to this second edition, Barnett elaborates on this thesis by responding to several important criticisms of the original work. He then explains how this "libertarian" approach is more modest than either the "social justice" theories of the left or the "legal moralism" of the right.
Review from previous edition The Structure of Liberty is that rare creature, a book that delivers on most of the promises it makes. Already the book is on its way to becoming a contemporary classic, the successor in interest to Robert Nozick's Anarchy, State and Utopia as a source of ideas and arguments for the revitalization of an important intellectual tradition that has long stood at the periphery of legal and political theory.
Table of Contents:
Introduction: Liberty vs. License
Part I: The Problems of Knowledge
Using Resources: The First-Order Problem of Knowledge
Two Methods of Social Ordering
The Liberal Conception of Justice
Communicating Justice: The Second-Order Problem of Knowledge
Specifying Conventions: The Third-Order Problem of Knowledge
Part II: The Problems of Interest
The Partiality Problem
The Incentive Problem
The Compliance Problem
Part III: The Problems of Power
The Problem of Enforcement Error
Fighting Crime Without Punishment
The Problem of Enforcement Abuse
Constitutional Constraints on Power
Imagining a Polycentric Constitutional Order: A Short Fable
Part IV: Responses to Objections
Beyond Justice and the Rule of Law?
Afterword
