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 November 15, 2019

Chernobyl: A Tale of Science and the Soul

No matter one’s position in society, the vibrancy of communism, and its superiority to other systems, must be constantly affirmed.

Law & Liberty November 15, 2019

Judicial Supremacy and the Constitution

Greg Weiner discusses the difference between the political constitution and the judicial constitution.

Law & Liberty November 15, 2019

N.T. Wright’s Epicurean Enlightenment

The modern Church, having drunk deeply the kool-aid of Platonism (and epicureanism) set the foundation for much of her own irrelevance and insipidity.

Law & Liberty November 14, 2019

Has the Conservative Mind Forgotten How to Think?

If conservatives really want to make America great again, they should start by thinking about what it was that made America great in the past.

Law & Liberty November 14, 2019

The Ongoing Decline of The New York Times

Today the Wall Street Journal has the better claim to be the paper of record.

Law & Liberty November 13, 2019

A Fair Go

What happens when a hero in Australian rugby speaks out about his faith?

Law & Liberty November 13, 2019

A Marxist Takes a Swing and a Miss at Justice Thomas’s Jurisprudence

Corey Robin's Marxist ideology has led him to create a false narrative about Justice Thomas’s jurisprudence.

Law & Liberty November 13, 2019

Nationalism and the Spirit of 1989

If the current regimes in places like Hungary and Poland do indeed represent the “Spirit of 1989,” this is only true in a very partial way.

Law & Liberty November 12, 2019

Clausing’s Open: The Economist as Social Engineer

The inconsistencies between Clausing 1.0 and Clausing 2.0 are indicative of an economics profession that has eschewed its own humble insights.

Law & Liberty November 12, 2019

Can Executive Legislating Be Deferred?

There is no precedent for a measure like DACA, concretely debated and rejected by Congress, to have been, nonetheless, put into effect by the president.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk November 15, 2019

Judicial Supremacy and the Constitution

Greg Weiner discusses the difference between the political constitution and the judicial constitution.

Liberty Law Talk November 4, 2019

Managing Whiteshift

A discussion with Eric Kaufmann about white majorities and the future of politics in western democracies.

Liberty Law Talk October 28, 2019

Brexit Shenanigans and the Old English Constitution

Helen Dale discusses Brexit, the English Constitution, and the future of British politics.

Liberty Law Talk October 15, 2019

Justifying Originalism

Originalism provides the surest way to access the Constitution's legal meaning and then to implement it over time.

Liberty Law Talk October 2, 2019

How Sheen, King, & Falwell Changed American Politics

James Patterson talks about three legendary clergymen in America and how they shaped our public discourse.

Liberty Law Talk September 14, 2019

Dissecting the Trump-Russia Investigations: A Conversation with Andrew McCarthy

Andrew McCarthy discusses the investigations of the Trump campaign's alleged collusion with the Russian government.

Liberty Law Talk September 4, 2019

An Invitation to the Land of Hope: A Conversation with Bill McClay

Bill McClay talks with Richard Reinsch about his new book, Land of Hope.

Liberty Law Talk August 16, 2019

The Logos of Western Civilization: A Conversation with Sam Gregg

Sam Gregg explores how the West is built on the union of the God of the Philosophers and the God of the Bible.

Liberty Law Talk August 1, 2019

The Politics of Judicial Review: A Conversation with Keith Whittington

Keith Whittington discusses his reassessment of judicial review in his new book Repugnant Laws

Liberty Law Talk July 17, 2019

Liberalism as Armed Doctrine: A Conversation with Philip Hamburger

Philip Hamburger joins us to discuss his new book Liberal Suppression

Here are the 10 latest posts from Liberty Forum.

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 September 2, 2019

How to Get through the “Nationalism” Minefield

The half-life of nationalism’s disgrace has proven very long indeed. Let’s stop being afraid of it.

Liberty Forum August 5, 2019

80th Anniversary of a Poisonous Partnership: Hitler and Stalin

When two dictators divvied up the weaker countries of Europe between them.

Liberty Forum July 1, 2019

Is Legal Conservatism as Accomplished as It Thinks It Is?

If the demolition from the 2016 wrecking ball does not create this change in the legal world, I think it is safe to say the next populist uprising will.

Liberty Forum June 3, 2019

China Since Tiananmen: Not a Dream but a Nightmare

The extinguishing of the democracy movement and the flowering of the economic miracle are closely linked.

Liberty Forum May 1, 2019

What Went Wrong (and Right) with Conservative Philanthropy

Effective nonprofit giving on the Right means searching for the best balance between ideas, policies, and patience.

Liberty Forum April 1, 2019

NATO at Three Score and Ten: An Anticipatory Elegy

Dues payments are the least of NATO’s worries. More importantly, now that it’s so big, how can it defend its far-flung borders against Russia?

Liberty Forum March 1, 2019

The Destructive Legacy of McCulloch v. Maryland

John Marshall’s famous opinion invited congressional overreach and gave inadequate weight to the powers of the states.

Liberty Forum February 1, 2019

Islam, Blasphemy, and the East-West Divide

What blasphemy laws tell us 30 years after “the fatwa,” and 40 years after the Iranian Revolution.

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