The Constitution Of Liberty

Autor: F.A. Hayek
Publisher: Routledge
ISBN: 1317857801
File Size: 41,31 MB
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Working after the war, Hayek's writing was very much against the tide of mainstream Keynesian economic thought. But in the 1970s and 1980s - the eras of Thatcherism and Reaganomics - he was championed as a prophet of neo-liberalism by those who were seeking to revolutionize the post-war social consensus. The Constitution of Liberty is crucial reading for all those seeking to understand ideas that have become the orthodoxy in the age of the globalized economy.

The Blessings Of Liberty

Autor: Michael Les Benedict
Publisher: Rowman & Littlefield
ISBN: 1442259930
File Size: 40,24 MB
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This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.

The Road To Serfdom

Autor: Friedrich August Hayek
Publisher: Psychology Press
ISBN: 9780415253895
File Size: 34,52 MB
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Hayek argues convincingly that, while socialist ideals may be tempting, they cannot be accomplished except by means that few would approve of.

Agenda For A Free Society

Autor: Arthur Seldon
Publisher: Routledge
ISBN: 1315297515
File Size: 22,82 MB
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In this book, first published in 1961, under the general editorship of Arthur Seldon of the Institute of Economic Affairs, ten eminent writers, economists, philosophers, and a legal authority have set down their views on the principles and policies of a free society in a rapidly changing world. Each has developed his theme from the same material – Professor F. A. Hayek’s monumental work The Constitution of Liberty. This title will be of interest to students of history and economics.

Restoring The Lost Constitution

Autor: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
File Size: 22,88 MB
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Hayek S The Constitution Of Liberty

Autor: Eugene F. Miller
Publisher: Inst of Economic Affairs
ISBN: 9780255366373
File Size: 23,46 MB
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F A Hayek's 'The Constitution of Liberty' has a profound effect on the thinking of a generation of scholars, students and even politicians. There is a sense in which it is regarded as a manifesto of traditional liberalism. But the book has a complex underlying argument, and the philosophy is often difficult to understand for the non-specialist reader. This monograph, in the great tradition of IEA publications, both summarises and interprets the argument of 'The Constitution of Liberty' for a non-specialist audience. It does so by setting Hayek's seminal book in the context of his earlier and later works. This Occasional Paper by Eugene Miller is so full of original insights that it will also act as a very useful companion volume for those studying 'The Constitution of Liberty' in an academic setting. Indeed, it will also prove an invaluable work of reference for all who are interested in defending and promoting liberty.

Justice Stephen Field S Cooperative Constitution Of Liberty

Autor: Adam M. Carrington
Publisher: Rowman & Littlefield
ISBN: 149855444X
File Size: 33,48 MB
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This book examines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner” Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.

The Conscience Of The Constitution

Autor: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
File Size: 73,48 MB
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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.

Law Legislation And Liberty

Autor: F. A. Hayek
Publisher: Routledge
ISBN: 1136246428
File Size: 48,54 MB
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With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' – Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek’s influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the ‘Big Society’. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future.

Constitutional Conservatism

Autor: Peter Berkowitz
Publisher: Hoover Press
ISBN: 0817916040
File Size: 21,26 MB
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Social conservatives and libertarians: Is a meeting of the minds possible? Feuding among US conservatives for the title True Conservative is nothing new. Underlying the feud has been a failure to grasp that conservatism in America forms a family of principles that require accommodation: to each other, to the exigencies of the moment, and to the changing habits and opinions of the American people. In Constitutional Conservatism, Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke, The Federalist, and the high points of post-War II American conservatism, Berkowitz argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty crystallized in the US Constitution and pursue reform in light of them. He shows that this task depends on the cultivation of the virtue of political moderation, which at its peak consists in the balancing of rival but worthy principles. He concludes that constitutional conservatism, well understood, provides a sturdy framework for developing a distinctive political agenda to which both social conservatives and libertarian conservatives can in good conscience subscribe.