Structure of Liberty
Subtitle: Justice and the Rule of Law
Publisher: Oxford University Press
Published: 2013
Language: eng
Number of pages: 400
ISBN-13: 9780198700920
Subjects: Rule of law; Justice; Liberty
Description: "In The Structure of Liberty, legal scholar Randy Barnett 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. Once considered 'self evident,' this truth must now be explained and justified. Drawing upon insights from philosophy, economics, political theory, and law, Barnett examines how, when people pursue happiness while living in society with each other, they confront the pervasive social problems of knowledge, interest, and power. These problems, he contends, are best dealt with by ensuring the liberty of the people to pursue their own ends within their own domains. This space within which each person ought to be free to choose, he explains, is defined by certain fundamental rights associated with the classical liberal conception of 'justice,' as specified by 'the rule of law.' He then identifies the constitutional principles that are needed to check the power of those who are tasked with protecting the natural rights retained by the people. In a new Afterword to this second edition, Barnett responds to several important criticisms of the original work, and shows how this 'libertarian' approach is more modest than either the 'social justice' theories of the left or the 'legal moralism' of the right"--Unedited summary from book cover.