The Classical Liberal Constitution

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The Classical Liberal Constitution

Richard A. Epstein
The Classical Liberal Constitution Book PDF

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 0 pages
File Size : 49,9 Mb
Release : 2017-03-20
Category : Law
ISBN : 0674975464

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The Classical Liberal Constitution by Richard A. Epstein Pdf

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

The Classical Liberal Constitution

Richard A. Epstein
The Classical Liberal Constitution Book PDF

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 0 pages
File Size : 43,6 Mb
Release : 2014-01-01
Category : Law
ISBN : 0674724895

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The Classical Liberal Constitution by Richard A. Epstein Pdf

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

The Classical Liberal Constitution

Richard A. Epstein
The Classical Liberal Constitution Book PDF

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 889 pages
File Size : 51,9 Mb
Release : 2014-01-06
Category : Law
ISBN : 9780674727809

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The Classical Liberal Constitution by Richard A. Epstein Pdf

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

Skepticism and Freedom

Richard A. Epstein
Skepticism and Freedom Book PDF

Author : Richard A. Epstein
Publisher : University of Chicago Press
Page : 324 pages
File Size : 42,8 Mb
Release : 2003-06
Category : Law
ISBN : 0226213048

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Skepticism and Freedom by Richard A. Epstein Pdf

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.

Public Governance and the Classical-Liberal Perspective

Paul Dragos Aligica,Peter J. Boettke,Vlad Tarko
Public Governance and the Classical Liberal Perspective Book PDF

Author : Paul Dragos Aligica,Peter J. Boettke,Vlad Tarko
Publisher : Oxford University Press, USA
Page : 281 pages
File Size : 41,6 Mb
Release : 2019-06-03
Category : Business & Economics
ISBN : 9780190267032

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Public Governance and the Classical-Liberal Perspective by Paul Dragos Aligica,Peter J. Boettke,Vlad Tarko Pdf

A distinctive perspective on governance: the building blocks -- Classical liberalism : delineating its theory of governance -- Function, structure, and process at the private-public interface -- Dynamic governance : the polycentrism process and knowledge processes -- Public choice and public administration : the confluence -- Public administration and public choice : charting the field -- Public choice, public administration, and self-governance : the Ostromian confluence -- Heterogeneity, coproduction, and polycentric governance : the Ostroms' public choice institutionalism revisited -- Framing the applied level : themes, issue areas, and cases -- Metropolitan governance : polycentric solutions for complex problems -- Independent regulatory agencies and their reform : an exercise in institutional imagination -- Polycentric stakeholder analysis : corporate governance and corporate social responsibility -- Conclusions: governance and public management : a vindication of the classical-liberal perspective?

Public and Private Morality

Stuart Hampshire
Public and Private Morality Book PDF

Author : Stuart Hampshire
Publisher : Cambridge University Press
Page : 156 pages
File Size : 43,8 Mb
Release : 1978-10-31
Category : Business & Economics
ISBN : 0521293529

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Public and Private Morality by Stuart Hampshire Pdf

Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?

Passions and Constraint

Stephen Holmes
Passions and Constraint Book PDF

Author : Stephen Holmes
Publisher : University of Chicago Press
Page : 360 pages
File Size : 45,7 Mb
Release : 1995-06
Category : Literary Criticism
ISBN : 0226349683

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Passions and Constraint by Stephen Holmes Pdf

Holmes argues that the aspirations of liberal democracy - including individual liberty, the equal dignity of citizens, and a tolerance for diversity - are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraints on individual passions provided by robust institutions. Paradoxically, Holmes argues, such institutional restraints serve to enable, rather than limit or dilute, effective democracy.

How Progressives Rewrote the Constitution

Richard A. Epstein
How Progressives Rewrote the Constitution Book PDF

Author : Richard A. Epstein
Publisher : Cato Institute
Page : 175 pages
File Size : 45,6 Mb
Release : 2007-09-25
Category : Political Science
ISBN : 9781933995298

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How Progressives Rewrote the Constitution by Richard A. Epstein Pdf

How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

The System of Liberty

George H. Smith
The System of Liberty Book PDF

Author : George H. Smith
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2013-04-22
Category : Political Science
ISBN : 9781107354791

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The System of Liberty by George H. Smith Pdf

Liberal individualism, or 'classical liberalism' as it is often called, refers to a political philosophy in which liberty plays the central role. This book demonstrates a conceptual unity within the manifestations of classical liberalism by tracing the history of several interrelated and reinforcing themes. Concepts such as order, justice, rights and freedom have imparted unity to this diverse political ideology by integrating context and meaning. However, they have also sparked conflict, as classical liberals split on a number of issues, such as legitimate exceptions to the 'presumption of liberty', the meaning of 'the public good', natural rights versus utilitarianism, the role of the state in education, and the rights of resistance and revolution. This book explores these conflicts and their implications for contemporary liberal and libertarian thought.

The Constitution of Freedom

András Sajó,Renáta Uitz
The Constitution of Freedom Book PDF

Author : András Sajó,Renáta Uitz
Publisher : Oxford University Press
Page : 450 pages
File Size : 54,9 Mb
Release : 2017-11-04
Category : Law
ISBN : 9780191046049

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The Constitution of Freedom by András Sajó,Renáta Uitz Pdf

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Classical Liberalism – A Primer

Eamonn Butler
Classical Liberalism A Primer Book PDF

Author : Eamonn Butler
Publisher : London Publishing Partnership
Page : 160 pages
File Size : 42,6 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780255367080

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Classical Liberalism – A Primer by Eamonn Butler Pdf

This primer aims to provide a straightforward introduction to the principles, personalities and key developments in classical liberalism. It is designed for students and lay readers who may understand the general concepts of social, political and economic freedom, but who would like a systematic presentation of its essential elements.

Liberalism and American Constitutional Law

Rogers M. Smith
Liberalism and American Constitutional Law Book PDF

Author : Rogers M. Smith
Publisher : Harvard University Press
Page : 350 pages
File Size : 43,7 Mb
Release : 1985
Category : Law
ISBN : 0674530152

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Liberalism and American Constitutional Law by Rogers M. Smith Pdf

'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review

Liberalism and Distributive Justice

Samuel Freeman
Liberalism and Distributive Justice Book PDF

Author : Samuel Freeman
Publisher : Oxford University Press
Page : 256 pages
File Size : 52,5 Mb
Release : 2018-07-02
Category : Philosophy
ISBN : 9780190699284

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Liberalism and Distributive Justice by Samuel Freeman Pdf

Samuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. Liberalism and Distributive Justice offers a series of Freeman's essays in contemporary political philosophy on three different forms of liberalism-classical liberalism, libertarianism, and the high liberal tradition--and their relation to capitalism, the welfare state, and economic justice.

What Is Classical Liberal History?

Michael J. Douma,Phillip W. Magness
What Is Classical Liberal History Book PDF

Author : Michael J. Douma,Phillip W. Magness
Publisher : Lexington Books
Page : 269 pages
File Size : 53,7 Mb
Release : 2017-12-21
Category : History
ISBN : 9781498536110

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What Is Classical Liberal History? by Michael J. Douma,Phillip W. Magness Pdf

Historians working in the classical liberal tradition believe that individual decision-making and individual rights matter in the making of history. History written in the classical liberal tradition emerged largely in the nineteenth century, when the field of history was first professionalized in Europe and the Americas. Professional historical research was then imbued with liberal values, which included rigorous attention to the sources, historicist suspicion of an ultimate mover, an honest and dispassionate rational outlook, and humility towards what could be known. Above all, liberals wanted to chart the history of liberty, warn against threats to liberty, and defend it in an evolving political world. They believed history was real, and that it had lessons to teach, but that these lessons could not provide sufficient knowledge to predict the future or reorganize society around a central plan. This book demonstrates how the classical liberal tradition in historical writing persists to this day, but how it is often neglected and due for renewal. The book contrasts the classical liberal view on history with conservative, progressive, Marxist, and post-modern views. Each of the eleven chapters address a different historical topic, from the development of classical liberalism in nineteenth century America to the the history of civil liberties and civil rights that stemmed from this tradition. Authors give particular attention to the importance of social and economic analysis. Each contributor was chosen as an expert in their field to provide a historiographical overview of their subject, and to explain what the classical liberal contribution to this historiography has been and should be. Authors then provide guidance towards possible tools of analysis and related research topics that future historians working in the classical liberal tradition could take up. The authors wish to call upon other historians to recognize the important contributions to historical understanding that have come and can be provided by the insights of classical liberalism.

Design for Liberty

Richard A. Epstein
Design for Liberty Book PDF

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 247 pages
File Size : 48,8 Mb
Release : 2011-11-15
Category : Law
ISBN : 9780674063051

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Design for Liberty by Richard A. Epstein Pdf

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.