The Structure of Liberty : Justice and the Rule of Law: Justice and the Rule of Law
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. -
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adherence adjudication analysis background rights claim classical liberals coercive monopoly communicated compensation compliance problem conception of justice conflict consent constraints cost court system crime criminal decentralized decision dispute distributive justice enforcement abuse enforcement error ex ante example first-order problem force free-rider problem freedom from contract freedom of contract H. L. A. Hart handle harm human Ibid imposed individuals and associations innocent institutions judges judgment jurisdiction knowledge problem law enforcement lawyers legal precepts legal system liberal conception liberty monopoly of power moral natural law natural rights one's partiality particular parties personal knowledge polycentric constitutional order potential presumption of innocence prevent problem of enforcement problem of knowledge problems of interest property rights punishment punitive deterrence pure restitution Randy E reason requirements of justice rights violation rule of law sanction self-defense Single Power Principle society specific subjective theory underdeterminacy victim