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 May 18, 2018

Originalism Deploys History Under the Discipline of Law

History is naturally an important part of public meaning originalism.

Law & Liberty May 18, 2018

Tully: It’s Not a Wonderful Life

It’s not just about parenthood, but about the death of adult culture.

Law & Liberty May 17, 2018

What Do Judges Maximize?

We need to move beyond naive attitudinalism and recognize that judges have preferences, but that these don't entirely control judicial decision-making.

Law & Liberty May 17, 2018

Does Administrative Agency Adjudication Violate the Vesting of Judicial Power in the Courts (and Due Process)?

While the government may have discretion to act outside of the courts, its officers often will not, allowing due process to play out in the courts.

Law & Liberty May 17, 2018

A Pox on Both Your Houses, Part II: Anti-Originalist Historians

Historians' ready embrace of Madison’s Hand calls into question their purported qualifications for understanding constitutional history.

Law & Liberty May 17, 2018

A Return to Heroes: Tom Wolfe was the Stoic Writer America Needed

There are no Greek demigods among us, but Tom Wolfe gave us heroes—the men who dare deal with the crazy consequences of our modern freedom.

Law & Liberty May 16, 2018

A Pox on Both Your Houses, Part I: Anti-Historical Originalists

If they are to maintain credibility with those who are not already sold on their views, originalists need to respect the discipline of history.

Law & Liberty May 15, 2018

Announcing Liberty Classics

Liberty Classics is a new series of essays reviewing books in Liberty Fund's extensive catalog of publications.

Law & Liberty May 15, 2018

How Easily Could the Trump Administration Change the Special Counsel Regulation?

One path to ending the Adminstration's legal troubles would be to change the special counsel regulation, but this poses challenges.

Law & Liberty May 15, 2018

A Victorian Case for Ordered Liberty

James Fitzjames Stephen's Liberty, Equality, Fraternity remains the best response to John Stuart Mill, and the politics of unfettered progress.