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 April 3, 2020

On “Coercive” Plea Bargaining

It’s far from clear that plea bargains drive the U.S. incarceration rate.

Law & Liberty April 3, 2020

The State of Originalism

The most significant developments in the past year suggest a potent originalist future.

Law & Liberty April 2, 2020

Rejecting Vermeule’s Right-Wing Dworkinian Vision

In America, officers pursue the common good by maintaining faith with the Constitution’s original meaning. No Dworkinian interpretivism necessary.

Law & Liberty April 2, 2020

Overcoming the Elites

We need not grifters or hysterical celebrities, but people dedicated to public concerns who will defend our rights to our private lives.

Law & Liberty April 2, 2020

How to Reconnect With Generation Bernie

Our education, licensing, and entitlement policies are driving the young to socialist views which break sharply with America's political tradition.

Law & Liberty April 1, 2020

Can We Patch Up the Right?

Conservatives should focus on how Americans actually live today and what set of economic and political arrangements make the most sense today.

Law & Liberty April 1, 2020

Islam in France

The French can provide a form of common life in which all, including their fellow Muslim citizens, can recognize themselves.

Law & Liberty April 1, 2020

Crisis of the Roberts Court

Michael Greve discusses the daunting prospects for the Roberts Court in a closely divided country.

Law & Liberty March 31, 2020

Bipartisan Reform in a Fitful Senate?

If some group of senators is willing to orchestrate an insurrection, the worst thing they could do would be to announce themselves as a bipartisan caucus.

Law & Liberty March 31, 2020

Do Plea Bargains and Jail Stays Contribute to Mass Incarceration?

Debates should continue about root causes, but attacking incarceration is not the right way forward.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk April 1, 2020

Crisis of the Roberts Court

Richard Reinsch: Welcome to Liberty Law Talk. I’m your host, Richard Reinsch. Today we’re talking with Michael Greve about his new essay in National Affairs entitled “Is the Roberts Court Legitimate?” Listeners of Liberty Law Talk and readers of Law & Liberty will know Michael Greve well. He’s been with us from the beginning, since […]

Liberty Law Talk March 31, 2020

Liberalism and the Death Penalty

Craig Lerner discusses the political, philosophical, and moral implications of the death penalty.

Liberty Law Talk March 31, 2020

America, Land of Deformed Institutions

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

Liberty Law Talk March 31, 2020

Did the Civil Rights Constitution Distort American Politics?

Christopher Caldwell discusses his new book, The Age of Entitlement.

Liberty Law Talk March 31, 2020

Can the Postmodern Natural Law Remedy Our Failing Humanism?

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

Liberty Law Talk March 31, 2020

Stuck With Decadence

Ross Douthat discusses his new book, The Decadent Society.

Liberty Law Talk March 18, 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 March 18, 2020

"Slouching Towards Mar-a-Lago:" A Conversation with Andrew Bacevich

Andrew Bacevich discusses his new book Twilight of the American Century

Liberty Law Talk March 18, 2020

Conservative Nationalism and American Statecraft

Colin Dueck discusses his new book, Age of Iron, with Richard Reinsch

Liberty Law Talk March 17, 2020

Planning the Great Society

Is it true what they say about planning and centralized government power?

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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