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.

Blog

The blog features timely commentary by John McGinnis, Mike Rappaport, and James Rogers and a host of other contributors on constitutional, legal, and policy issues.

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.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty November 19, 2018

The Absurdity of Egalitarianism

Justice requires asking and answering the question of why specific individuals are in a position of inequality.

Law & Liberty November 19, 2018

Reading America from the Outside

Outsiders often see more about us than we do ourselves: James L. Nolan shows us what Tocqueville, Weber, Chesterton, and Qutb noticed.

Law & Liberty November 16, 2018

A Formalist Response to Greve’s Functionalist Proposal

Could executive branch agencies be turned into helpful adjuncts to federal courts without usurping judicial power? Yes they could.

Law & Liberty November 16, 2018

Aristotle and the Seriousness of Politics

The polity, Aristotle tells us, is where we do more than just stay alive: We are to live well, even nobly.

Law & Liberty November 16, 2018

What Americans Miss about the Declaration of Independence

The Declaration’s affirmation of inalienable rights limits individual autonomy, but it does so in the service of liberty.

Law & Liberty November 16, 2018

Against Gender Balance Vigilantism

There are certainly a lot of superb female law professors, but they are not at all equally distributed among the discipline's many fields.

Law & Liberty November 15, 2018

The John Marshall Legacy: A Conversation with Richard Brookhiser

Richard Brookhiser discusses the life and jurisprudence of John Marshall.

Law & Liberty November 15, 2018

Trade, Nations, and War in an Enlightened Age

Between 1776 and 1815, Britain was at peace for just 10 years, and reading the Scottish defense of free trade without this in mind is a mistake.

Law & Liberty November 14, 2018

Perpetual Inflation vs. Sound Money

Modern central banks keep attempting to manipulate prices to a different and “better” outcome than the market would provide, but what does this achieve?

Law & Liberty November 14, 2018

The Death of the Authentic Encounter

We need a restoration the face-to-face encounter. Only then will ideology be confronted and unmasked, and true political activity take its proper place.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk November 15, 2018

The John Marshall Legacy: A Conversation with Richard Brookhiser

Richard Brookhiser discusses the life and jurisprudence of John Marshall.

Liberty Law Talk November 2, 2018

Andrew Jackson in Context: A Conversation with Bradley Birzer

Once considered one of our most consequential presidents, Andrew Jackson's reputation has now fallen on hard times.

Liberty Law Talk October 25, 2018

Nationalism Is Neither a Disease Nor a Cure for What Ails Us

The inclination to bond with one’s nation-state, and regard it as primary, is a reflection of the absence of real community in America.

Liberty Law Talk October 17, 2018

Hamilton, Madison, and American Oligarchy: A Conversation with Jay Cost

Jay Cost, author of The Price of Greatness, discusses the political and economic debates between Hamilton and Madison.

Liberty Law Talk October 3, 2018

Knowledge, Risk, and the Surprised Banker: A Conversation with Alex Pollock

Alex Pollock discusses the philosophy of finance and why the quant guys keep getting it wrong.

Liberty Law Talk September 18, 2018

Getting Right with Nationalism: A Conversation with Yoram Hazony

Yoram Hazony discusses why nationalism produces a politics of freedom, prosperity, and peace.

Liberty Law Talk September 4, 2018

The Peronist Pope Francis: A Conversation with Daniel Mahoney

Daniel Mahoney discusses Pope Francis's approach to the papacy and world politics.

Liberty Law Talk August 15, 2018

Liberalism as Armed Doctrine: A Conversation with Philip Hamburger

Philip Hamburger joins us to discuss his new book Liberal Suppression

Liberty Law Talk August 15, 2018

Liberalism as Armed Doctrine: A Conversation with Philip Hamburger

Philip Hamburger joins us to discuss his new book Liberal Suppression

Liberty Law Talk August 3, 2018

How Prosperity Is Improving the World of Work: A Conversation with John Tamny

John Tamny on the positive evolution of work under economic growth.

Here are the 10 latest posts from Liberty Law Forum.

Liberty Law Forum November 1, 2018

Administrative Law Is Bunk. We Need a Bundesverwaltungsgericht

Only a new Administrative Judiciary can tame the regulatory state and vindicate the rights of citizens when they get pushed around by a government agency.

Liberty Law Forum October 1, 2018

Reforming U.S. Environmental Policy

Start with two big obstacles to good policymaking on the environment: federal review under NEPA, and undue judicial deference to the executive branch.

Liberty Law Forum September 4, 2018

The Frivolous Valley and Its Dreadful Conformity

Silicon Valley, with soil so fertile that anything could grow there, now grows a hierarchy of techies seeking money, fame, power, sex, and adulation.

Liberty Law Forum August 1, 2018

Restoring Localism

Freeing localities from federal control appeals to the Left at the moment. Right and Left could make a strategic alliance to foment a decentralist rebellion.

Liberty Law Forum August 1, 2018

Restoring Localism

Freeing localities from federal control appeals to the Left at the moment. Right and Left could make a strategic alliance to foment a decentralist rebellion.

Liberty Law Forum July 2, 2018

Desire or Dominance?: Sexual Harassment’s Legal Maze

The discrimination approach doesn’t give us adequate tools for managing real differences between the sexes.

Liberty Law Forum July 2, 2018

Desire or Dominance?: Sexual Harassment’s Legal Maze

The discrimination approach doesn’t give us adequate tools for managing real differences between the sexes.

Liberty Law Forum June 1, 2018

Between a Mirage and a Mistake: Correcting American Grand Strategy

We should keep in mind our interests and our allies. Doing so brings home to us the paradox of strategic thinking: to secure peace, prepare for war.

Liberty Law Forum June 1, 2018

Between a Mirage and a Mistake: Correcting American Grand Strategy

We should keep in mind our interests and our allies. Doing so brings home to us the paradox of strategic thinking: to secure peace, prepare for war.

Liberty Law Forum May 1, 2018

France’s Psychodrama of 1968

Those who loathe and those who celebrate May 1968 agree it was a defining moment for Western democracy in its late modern form.

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