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February 7, 2019|elites, Populism, Tucker Carlson

Escaping Our Ship of Fools

Carlson has a serious point: How should the nation’s various maladies be addressed by our political system?

February 6, 2019|Adam Smith, Aristotle, Commutative Justice, Distributive Justice, Lectures on Jurisprudence, sacred, solemnities, Theory of Moral Sentiments

Contracts and Solemnities in Adam Smith’s Sacred Anthropology

For Smith, commerce is not about consenting to contracts but individuals surfing waters highly charged with solemnities of ritual, trust, and reverence.

February 6, 2019|Children, Consent, Gordon Tullock, Holly Brewer, James Buchanan, John Rawls

Children, Consent, and Liberalism

In By Birth or Consent, historian Holly Brewer does nothing less than trace the evolution of the central postulate of liberalism from theory to practice.

February 5, 2019|District of Columbia v. Heller, Gun Rights, Judge Easterbrook, McDonald v. City of Chicago, New York Rifle & Pistol Association v. City of New York, Second Amendment

Will the Right to Bear Arms Become a “Constitutional Orphan”?

After nearly a decade rejecting Second Amendment cases, the Supreme Court has just agreed to hear New York Rifle & Pistol Association v. City of New York.

February 5, 2019|Bank of the United States, Edmund Randolph, Emer de Vattel, Federalist No. 10, James Madison, Legal Interpretive Rules, Originalism

James Madison: A Great Political Theorist, But Not A Great Lawyer

For all his contributions to the convention, Madison was not put on the Committee on Detail that provided the penultimate draft of our fundamental law.

February 5, 2019|High implicit marginal tax rates, Means tested programs, The importance of work

Means-Tested Welfare and the Disincentive to Work

Means tested government programs with high implicit marginal tax rates are bad public policy.

February 4, 2019|Aleksandr Solzhenitsyn, Between Two Millstones, Cold War, Henry Kissinger, One Day in the Life of Ivan Denisovich, The Gulag Archipelago

Solzhenitsyn in Exile

Solzhenitsyn had become, as the foreign policy analysts say, an existential threat to the Soviet Union. He had to be expelled.

February 4, 2019|constitutional patriotism, European Union, Immanuel Kant, Jean-Claude Juncker, Jürgen Habermas, liberal constitutionalism, Nationalism

The Crumbling Anti-Politics of Constitutional Patriotism

The Kantian dream of undoing real nations keeps foundering on the shoals of human nature's need for real attachments to place.

February 1, 2019|Andrew Bacevich, Christopher Lasch, Donald Trump, Iraq War, Middle East, Twilight of the American Century

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

Andrew Bacevich discusses his new book Twilight of the American Century

February 1, 2019|Alan Moore, Freedom, heroes, Individualism, Watchmen, Zach Snyder

The Dark Individualism of Watchmen

There are limits to self-delusion for a free people, and Snyder's Watchmen ruthlessly probes them.
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Book Reviews

A Compelling and Compassionate Book about Epilepsy

by Theodore Dalrymple

Our knowledge of the human brain is limited, but neuroscientist Suzanne O’Sullivan’s observation of her patients yields astute insights.

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Andrew Roberts Takes the Measure of the “Populist” Aristocrat, Churchill

by Joao Carlos Espada

Yes, there is something new to be learned about Winston Churchill, and it's in the new 1,105-page biography by Andrew Roberts.

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Liberty Classics

Bringing Natural Law to the Nations

by Samuel Gregg

If sovereign states ordered their domestic affairs in accordance with principles of natural law, the international sphere would benefit greatly.

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Belloc’s Humane Defense of Personhood and Property

by James Matthew Wilson

Perhaps the memory of that metaphysical right to property informs our fears, and could lead to a restoration of human flourishing.

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Podcasts

Born-Again Paganism: A Conversation with Steven Smith

A discussion with Steven D. Smith

Steven Smith talks with Richard Reinsch about his provocative thesis that a modern form of paganism is becoming public orthodoxy.

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

A discussion with Andrew J. Bacevich

Andrew Bacevich discusses his new book Twilight of the American Century

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Bureaucracy, Regulation, and the Unmanly Contempt for the Constitution

A discussion with John Marini

John Marini unmasks the century-long effort to undermine the Constitution's distribution of power.

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Beautiful Losers in American Politics: A Conversation with Nicole Mellow

A discussion with Nicole Mellow

Nicole Mellow on the beautiful losers in American politics who have redefined the country.

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Recent Posts

  • A Corrupt Republic? Hamilton, Madison, and the Rise of Oligarchy

    Jay Cost asks his readers to reconsider the ways that corruption all too easily flows from the federal government, in every era.
    by Tony Williams

  • The Campus Mob Comes for the Presumption of Innocence

    It is not necessarily surprising that students fail to appreciate the hard-won freedoms on which the modern university and our civilization rest.
    by John O. McGinnis

  • Obama and Trump: At What Point Has a President Forfeited the Public Trust?

    Why impeachment has always been a tough call for the American people to make.
    by Jeremy A. Rabkin

  • Government by Emergency: Are Two Generations of Crisis Enough?

    The oldest emergency proclamation dates to the Carter Administration, 40 years ago. Two generations of crisis are enough.
    by Greg Weiner

  • The President’s Emergency Declaration Is the Congressional Check on Presidential Power

    President Trump’s declaration of a national emergency is the check on executive prerogative, not the exercise of it.
    by James R. Rogers

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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