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 February 27, 2020

Overcoming the Evils of Meritocracy

Markovits alternates between acknowledging the opportunity for advancement for all and claiming that the system enables only “the rich” to win.

Law & Liberty February 27, 2020

Independent Agencies Brought to Heel?

Originalism sits uneasily with the concept of independent agencies, and textualism raises questions about the basis for some agencies' independence.

Law & Liberty February 26, 2020

Market-Driven Health Care Is Worth the Effort

While challenging politically, the payoff—better medical care at much lower costs—is too substantial to abandon for a lower-performing alternative.

Law & Liberty February 26, 2020

Opioid Litigation Is not the Cure for the Disease

This unchecked mass tort deal making has bulldozed legal process into a forum for mass settlements at the cost of legitimacy.

Law & Liberty February 26, 2020

Rereading Politica in the Post-Liberal Moment

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

Law & Liberty February 25, 2020

The Hubris of “The Anthropocene”

Words like “catastrophic,” and “irreversible” dominate the discourse about humanity’s impact on global ecosystems. We should ask why.

Law & Liberty February 25, 2020

America’s Governing Philosophy is Rawlsian, not Hayekian

Holding up Hayek for abuse allows both right and left postliberals to substitute ideological argument for data and analysis of specific policies.

Law & Liberty February 24, 2020

Our Exhausted Age

We’ve come to fear not chaos and disaster at the hands of our leaders, but simply failure and sclerosis.

Law & Liberty February 24, 2020

Of Bernie, Bloomie, and Adam

The individual who enters commercial life with Bloomberg-sized ambition takes on a burden few of us would envy.

Law & Liberty February 24, 2020

Intersectionality’s Fatal Flaw

lntersectionality makes no allowance for forgiveness, atonement, or reconciliation.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk February 14, 2020

Did the Civil Rights Constitution Distort American Politics?

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

Liberty Law Talk January 27, 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 January 15, 2020

Conservative Nationalism and American Statecraft

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

Liberty Law Talk January 2, 2020

Liberalism and the Death Penalty

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

Liberty Law Talk December 13, 2019

Planning the Great Society

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

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.

Here are the 10 latest posts from Liberty Forum.

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 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?

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