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 December 10, 2019

Brexit Panto

Billed as the most significant election since Clement Attlee’s 1945 Labour landslide, the outcome will determine whether Brexit happens at all.

Law & Liberty December 10, 2019

Luther and Liberalism

The roots of Western liberalism both precede, and go far deeper, than Martin Luther and his influence.

Law & Liberty December 9, 2019

De Gaulle’s Alternative for Europe

Attempts to distance peoples completely from their national cultures was bound to produce unpredictable consequences.

Law & Liberty December 9, 2019

What the Anti-Poverty Activists Hath Wrought

Many prominent helpers of the disadvantaged thought nothing of turning anti-poverty efforts over to the state; but there were (and are) noble exceptions.

Law & Liberty December 6, 2019

The Lighthouse: New England Dread Meets Greek Myth

While there are elements of New England sea folklore in The Lighthouse, there is also classic mythology.

Law & Liberty December 6, 2019

Originalism, the Fourth Amendment, and New Technology

To determine the content of the common law right in such unclear cases, one must put oneself in the position of a common law judge at the time.

Law & Liberty December 5, 2019

Marginalizing Nature

To accept the idea of normality is neither to reprehend those who are abnormal, nor to treat them badly.

Law & Liberty December 5, 2019

Checks and Balances Needs More Balance

A more balanced critique of the Attorney General's view of the scope of executive power would be both more persuasive and less polarizing.

Law & Liberty December 4, 2019

Lincoln and Liberal Democracy

Americans should always be reminded that democracy can gravely err in deciding questions of justice.

Law & Liberty December 4, 2019

Reconsidering the Sources of American Liberty

Wormersley's volume addresses the sources of American Revolution and how those ideas fashioned American understandings of liberty.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk December 2, 2019

The Populist Presidency vs. The Founders’ Presidency

Stephen Knott discusses the immense revolution in power that has remade the American presidency over the past century.

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

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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