The Structure of Liberty : Justice and the Rule of Law: Justice and the Rule of Law

Randy E. Barnett

1998 api. · Oxford University Press, USA

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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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Randy E. Barnett attended Northwestern University where he studied philosophy. He received his J.D. from Harvard University and worked as a prosecutor for several years. Barnett then turned to teaching and is currently the Austin B. Fletcher Professor of Law at Boston University Law School. Barnett has written frequently on law topics ranging from criminal law to constitutional rights and the role of consent in contract law. The Structure of Liberty: Justice and the Rule of Law, The Function of Restitutive Justice, and The Rights Retained by the People: The History and Meaning of the Ninth Amendment are some of his important works.