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
Randy E. Barnett is the Carmack Waterhouse Professor of Legal
Theory at the Georgetown University Law Center, where he directs
the Georgetown Center for the Constitution and teaches
constitutional law and contracts. He has been a visiting professor
at Harvard Law School, the University of Pennsylvania, and
Northwestern. In 2008, he was awarded a Guggenheim Fellowship in
Constitutional Studies. His publications include more than one
hundred articles and reviews, as
well as ten books. After graduating from Northwestern University
and Harvard Law School, he tried many felony cases as a prosecutor
in the Cook County States' Attorney's Office in Chicago. In 2004,
he
argued the medical marijuana case of Gonzalez v. Raich before the
U.S. Supreme Court. In 2011-12 he represented the National
Federation of Independent Business in its constitutional challenge
to the Affordable Care Act.
`Review from previous edition The Structure of Liberty is that rare
creature, a book that delivers on most of the promises it makes.
Already the book is on its way to becoming a contemporary classic,
the successor in interest to Robert Nozick's Anarchy, State and
Utopia as a source of ideas and arguments for the revitalization of
an important intellectual tradition that has long stood at the
periphery of legal and political theory.
'
Michigan Law Review
`This is a serious, engaging, and important work of jurisprudence
and political philosophy....Comprehensive in its treatment,
fair-minded in the way it deals with evidence and unfailingly
rigorous in its argument'
Choice
`The Structure of Liberty is a very well written book of political
and legal philosophy, drawing on Barnett's considerable analytical
and rhetorical skills. It is an instant classic
'
James Lindgren, Northwestern University School of Law
`His interest in basic theory as it relates to the uses and abuses
of political power makes his views on a wide range of state policy
issues, from taxation to criminal law, worthy of careful
attention
'
Reason
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