The structure of liberty : justice and the rule of law
Author(s)
Bibliographic Information
The structure of liberty : justice and the rule of law
Clarendon Press, 1998
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Note
Includes bibliographical references (p. [329]-337) and index
Description and Table of Contents
Description
What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this work, Barnett examines the serious social problems that are addressed by liberty and the background or "natural" rights and procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This discussion of the liberal conception of justice and the rule of law draws upon insights from philosophy, economics, political theory, and law. The book is intended to challenge specialists, and also be of value to both scholars and students working in a range of academic disciplines.
Table of Contents
1: Introduction: Liberty vs. License. PART I: THE PROBLEM OF KNOWLEDGE. 2: Using Resources: The First-Order Problem of Knowledge. 3: Two Methods of Social Ordering. 4: The Liberal Conception of Justice. 5: Communicating Justice: The Second-Order Problem of Knowledge. 6: Specifying Conventions: The Third-Order Problem of Knowledge. PART II: THE PROBLEMS OF INTEREST. 7: The Partiality Problem. 8: The Incentive Problem. 9: The Compliance Problem. PART III: THE PROBLEMS OF POWER. 10: The Problem of Enforcement Error. 11: Fighting Crime Without Punishment. 12: The Problem of Enforcement Abuse. 13: Polycentric Constitutional Constraints on Power. 14: Imagining a Polycentric Constitutional Order: A Short Fable. PART IV: RESPONSES TO OBJECTIONS. 15: Beyond Justice and the Rule of Law?
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