Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Structure of Liberty: Justice and the Rule of Law


ISBN13: 9780198700920
Previous Edition ISBN: 0198297297
Published: February 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £17.99



Low stock.

In this book, legal scholar Randy Barnett elaborates and 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, and that governments are only justly established to secure these rights.

Drawing upon insights from philosophy, economics, political theory, and law, Barnett explains why, when people pursue happiness while living in society with each other, they confront the pervasive social problems of knowledge, interest and power. These problems are best dealt with by ensuring the liberty of the people to pursue their own ends, but this liberty is distinguished from "license" by certain fundamental rights and procedures associated with the classical liberal conception of "justice" and "the rule of law."

He then outlines the constitutional framework that is needed to put these principles into practice. In a new Afterword to this second edition, Barnett elaborates on this thesis by responding to several important criticisms of the original work. He then explains how this "libertarian" approach is more modest than either the "social justice" theories of the left or the "legal moralism" of the right.

Subjects:
Jurisprudence
Contents:
1. Introduction: Liberty vs. License

PART I: THE PROBLEMS OF KNOWLEDGE
2. Using Resources: The First-Order Problem of Knowledge
3. Two Methods of Social Ordering
4. The Liberal Conception of Justice
5. Communicating Justice: The Second-Order Problem of Knowledge
6. Specifying Conventions: The Third-Order Problem of Knowledge

PART II: THE PROBLEMS OF INTEREST
7. The Partiality Problem
8. The Incentive Problem
9. The Compliance Problem

PART III: THE PROBLEMS OF POWER
10. The Problem of Enforcement Error
11. Fighting Crime Without Punishment
12. The Problem of Enforcement Abuse
13. Constitutional Constraints on Power
14. Imagining a Polycentric Constitutional Order: A Short Fable

PART IV: RESPONSES TO OBJECTIONS
15. Beyond Justice and the Rule of Law?
16. Afterword