• About
  • Contact
  • Staff
  • Home
  • Essays
  • Forum
  • Podcasts
  • Book Reviews
  • Liberty Classics

February 9, 2014|Adam Smith, Georg Hegel, Individual Autonomy, Market Economy, Philosophy of Right, Theory of Moral Sentiments, Two Narratives of Political Economy, Wealth of Nations

To Make a Market

by Nicholas Capaldi|

The author has two avowed aims: first, to show how Adam Smith and Georg Hegel have defined the debate in political economy, and, second, to address normative issues raised in ‘market societies’. As part of this framework, Herzog a) insists that markets cannot be understood apart from their larger contexts, hence the stress on political-economy as opposed to a narrow conception of economics (i.e., University of Chicago); and b) recognizes that normative issues are not adequately addressed in political theory that ignores markets and is restricted by the individual vs. community debate (pp. 61-62, 80). The presumptions are that markets…

Read More

January 21, 2014|

Patrick Garry’s Reply to Responders

by Patrick M. Garry|

I am honored to be a part of this debate on the Bill of Rights with such accomplished and knowledgeable scholars. The three responding essays by Dr. Bowling, Professor Erler and Professor Ramsey provide keen insights on constitutional law and history. Indeed, the historical discussions in the three essays are more detailed than is my lead essay. And for this, I give my highest compliments to the responders. Their discussion demonstrates the vital importance of history in constitutional interpretation. More than just demonstrating the importance of history, however, the responders also reveal the kind of inquiry and perspective needed for an…

Read More

January 9, 2014|

Limited Government and Individual Autonomy

by Michael D. Ramsey|

In response to: The Constitution’s Structural Limitations on Power Should Be the Focus of the Bill of Rights

The nation's founding documents displayed under subdued light at the National Archives, Washington, D.C. Image: Library of Congress Prints and Photographs Division Washington, D.C. LC-DIG-highsm-15688 (digital file from original)

Patrick Garry’s essay “The Constitution’s Structural Limits on Power Should Be the Focus of the Bill of Rights” contains many valuable insights. In particular, it re-affirms the proposition – lost for many years but perhaps gaining some new currency – that the so-called “structural” provisions of the Constitution are, and were intended to be, not merely matters of mundane and perhaps outdated institutional design but core protections of individual liberty. Further, it rightly emphasizes that the antifederalist-inspired Bill of Rights amendments work together with the Constitution’s structural provisions to limit government and promote individual liberty by reducing the federal government’s…

Read More

More Responses

Natural Rights and the Limited Government Model of the Constitution: A Response to Patrick Garry

by Edward J. Erler

There is much to commend Professor Garry’s essay. He is eminently correct in saying that the Constitution contemplated a limited government. Whether it adhered to a “limited government model” is a different issue. What is more than curious, however, is Professor Garry’s statement that the “the overall scheme of the original Constitution” is primarily concerned with…

Read More

The Constitution Created an Expansive, not a Strictly Limited Federal Government

by Kenneth R. Bowling

The revolution of 1787-1791 overthrew a constitution that strictly limited the federal government in favor of one with general welfare and necessary and proper clauses that allowed the federal government to absorb state powers over time. It also tossed out the dogma of separation of powers in favor of a more sophisticated balance of powers.…

Read More

Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

Read More

The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

Read More

Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

Read More

James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

Read More

Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

Read More

Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

Read More

Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

Read More

America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

Read More

About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
  • Home
  • About
  • Staff
  • Contact
  • Archive

© 2021 Liberty Fund, Inc.

This site uses local and third-party cookies to analyze traffic. If you want to know more, click here.
By closing this banner or clicking any link in this page, you agree with this practice.Accept Read More
Privacy & Cookies Policy
Necessary Always Enabled

Subscribe
Get Law and Liberty's latest content delivered to you daily
  • This field is for validation purposes and should be left unchanged.
Close