Law & Liberty

Law & Liberty focuses on the content, status, and development of law in the context of republican and limited government and the ways in which liberty and law mutually reinforce each other.

Law & Liberty brings together serious debate, commentary, essays, blog posts, podcast episodes, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. The site considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

Essays

Law & Liberty publishes commentary on legal, political, and cultural issues from a host of contributors.

Forum

The forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free government and a free people. Recognizing that there is no shortage of online venues for evaluating legal questions, the forum's distinction rests in its examination of the basic principles of a constitutional republican order and its focus on the elements of freedom that must exist in a society dedicated to liberty and responsibility. The forum aims to uncover the genesis of central legal ideas that produced our unique heritage of Western liberty but are now misunderstood due to ideological confusion.

Every month, the forum presents an essay on a major topic by a leading thinker. This first essay’s ideas will then be considered and tested by two other participants in each exchange. The ideas discussed and debated in this space are not the sole preserve of experts, however. The hope is that each topic, and the ideas animating and surrounding it, will emerge into full view for the reader, permitting a new and refined understanding of the ideas discussed. These ideas are open to all: They are the personal and collective wisdom of any society devoted to the noblest ideas of the Western legal and political philosophical tradition.

Podcast

The podcast features interviews with leading academics and writers on new books, articles, and contemporary subjects.

Book Reviews

This section contains reviews of significant new books in law, history, policy, and politics.

Liberty Classics

We offer reviews of classic Liberty Fund titles, highlighting their importance for the preservation of liberty and responsibility in a free society.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty September 18, 2020

“Contextualizing” Jefferson

The words that inspired the abolitionist movement and the words that constitutionalized abolition both came from the extraordinary mind at Monticello.

Law & Liberty September 18, 2020

Stigma and Sympathy

If addiction is a disease, and nothing else, then the addict is a slave of his biochemistry.

Law & Liberty September 18, 2020

Symbols of Cosmic Order

Political order stems human anxiety caused by a primary intuition that existence is out of nothing.

Law & Liberty September 17, 2020

Covid’s Age Discrimination

Younger Americans have seen their schools closed, their jobs vanish, and their graduations and transitions to living independently blocked.

Law & Liberty September 17, 2020

Remembering Justice Scalia

A Law & Liberty essay collection on the life and legacy of Justice Antonin Scalia.

Law & Liberty September 17, 2020

A Scalia Digest

One thing is sure: Antonin Scalia is one of the greatest jurists of all time, for all the right reasons.

Law & Liberty September 17, 2020

Scalia’s Wisdom and Wit

Scalia offered the first map of a new world, or perhaps more accurately, rediscovered an old map of the world that had been forgotten.

Law & Liberty September 17, 2020

Destined for Prison?

Children of broken and unhealthy families are vastly overrepresented in the prison population.

Law & Liberty September 16, 2020

Leviathan’s Apologists

So long as a studied indifference to the true state of administrative law persists, Leviathan will continue to overcome the rule of law.

Law & Liberty September 16, 2020

Stare Decisis for Originalist Judges

Without an imperative to bring precedents into alignment with original meaning, stare decisis becomes the “exception” that swallows the Constitution.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk September 15, 2020

The Don and the Constitution

John Yoo makes the argument for how President Trump has defended constitutional doctrines and laws during his first term.

Liberty Law Talk September 1, 2020

Canceled at Cal Berkeley

What Steven Hayward learned from getting canceled at UC Berkeley's Goldman School of Public Policy.

Liberty Law Talk August 14, 2020

Will We Be Sino-formed?

China has no desire for war or military confrontation with America. It does desire global economic domination in many respects.

Liberty Law Talk August 3, 2020

The Works and Days of Thomas More

Thomas More understood as a lawyer and a judge that liberty was justice through the rule of law ordered towards the good of the people.

Liberty Law Talk July 28, 2020

Publius's Constitution, Now More than Ever

All governments not based on the consent of the governed are not legitimate, not truly popular, not truly republican governments.

Liberty Law Talk July 1, 2020

Rōnin Without Masters: A Never Trump Assessment

Steven Teles discusses his excellent study of the Never Trump movement, its players, and how they left the fold of their party.

Liberty Law Talk June 26, 2020

A Revolutionary Moment?

Daniel Mahoney discusses the sober and tough-minded liberalism you can believe in during a time of widespread unrest, anger, and sadness.

Liberty Law Talk June 12, 2020

Is the Future Postliberal?

Fr. Robert Sirico on the challenges to ordered liberty in America from the illiberal Left and Right.

Liberty Law Talk June 4, 2020

Bureaucracy, Regulation, and the Unmanly Contempt for the Constitution

John Marini unmasks the century-long effort to undermine the Constitution's distribution of power.

Liberty Law Talk May 15, 2020

America in the Dock

Robert Reilly explores the ideas that made America possible in his new book, America on Trial.

Here are the 10 latest posts from Liberty Forum.

Liberty Forum March 2, 2020

An Incarceration Nation?

Compared to Europe, Canada and Australia the honest answer is “yes—but with good reason.”

Liberty Forum March 2, 2020

An Incarceration Nation?

Compared to Europe, Canada and Australia the honest answer is “yes—but with good reason.”

Liberty Forum February 3, 2020

Sacrificial Politics and Sacred Victims

The key to understanding contemporary Sacrificial Politics is to recognize what people of the Left hold sacred: victims of oppression.

Liberty Forum February 3, 2020

Sacrificial Politics and Sacred Victims

The key to understanding contemporary Sacrificial Politics is to recognize what people of the Left hold sacred: victims of oppression.

Liberty Forum January 6, 2020

How Economic Nationalism Hurts Nations

The attraction of such policies is their promise of immediate action to reverse economic decline and promote national greatness, but do they deliver?

Liberty Forum January 6, 2020

How Economic Nationalism Hurts Nations

The attraction of such policies is their promise of immediate action to reverse economic decline and promote national greatness, but do they deliver?

Liberty Forum November 1, 2019

Beyond the Ideological Lie: The Revolution of 1989 Thirty Years Later

We in the West need to draw on the best anti-totalitarian wisdom, as never before.

Liberty Forum November 1, 2019

Beyond the Ideological Lie: The Revolution of 1989 Thirty Years Later

We in the West need to draw on the best anti-totalitarian wisdom, as never before.

Liberty Forum October 1, 2019

“Two Kaisers in the Same Grave”: Prohibition at 100

The centennial of Prohibition is an opportunity to retrace our steps and consider afresh the limits of politics.

Liberty Forum October 1, 2019

“Two Kaisers in the Same Grave”: Prohibition at 100

The centennial of Prohibition is an opportunity to retrace our steps and consider afresh the limits of politics.

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