The Structure of Liberty: Justice and the Rule of LawIn 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. |
Contents
The SecondOrder Problem | |
The ThirdOrder Problem of Knowledge | |
THE PROBLEMS OF INTEREST | |
The Partiality Problem | |
The Compliance Problem | |
THE PROBLEMS OF POWER | |
Fighting Crime Without Punishment | |
The Problem of Enforcement Abuse | |
Constitutional Constraints on Power | |
A Short Fable | |
RESPONSES TO OBJECTIONS | |
The Incentive Problem | |
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Common terms and phrases
adherence adjudication analysis background rights Barnett claim classical liberals coercive monopoly communicated compensation compliance problem conception of justice conflict consent constraints cost crime criminal decentralized decision define dispute distributive justice enforcement abuse enforcement error ex ante example firstorder problem force freedom of contract H. L. A. Hart handle harm human Ibid imposed inalienable individuals and associations innocent institutions judges jurisdiction knowledge problem law enforcement Law Review legal precepts legal system liberal conception libertarians limited monopoly of power natural law natural rights one’s particular parties personal knowledge polycentric constitutional order potential presented presumption of innocence problem of enforcement problem of knowledge problems of interest property rights punishment punitive deterrence Randy E reason requirements of justice rights violation rule of law sanction secondorder problem selfdefense Single Power Principle social justice society specific Structure of Liberty subjective theory underdeterminacy University Press victim