The Structure of Liberty: Justice and the Rule of Law

Published by
Oxford University Press

by Randy E. Barnett

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 dealth 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.

Drawing upon insights from philosophy, economics, political theory, and law, Randy Barnett examines the serious social problems that are addressed by liberty-and the background, or 'natural' rights and 'rule of law' procedures that distinguish liberty from license. He then outlines the constitutional framework that is needed to protect this structure of liberty.

Although this controversial new work is intended to challenge specialists, its clear and accessible prose ensures that it will be of immense value to both scholars and students working in a range of academic disciplines.