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Structure of Liberty


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Table of 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

About the Author

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'
`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

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