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The Structure Of Liberty
''The Structure of Liberty: Justice and the Rule of Law'' is a book by legal theorist Randy Barnett which offers a libertarian theory of law and politics. Barnett calls his theory ''the liberal conception of justice'', emphasizing the relationship between legal libertarianism and classical liberalism. Barnett argues that private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, is the only legal system that can provide adequate solutions to the problems of interest, power, and knowledge. Barnett uses the term " polycentric constitutional order" for anarcho-capitalism Hoppe, Hans-Hermann, Anarcho-Capitalism: An Annotated Bibliography' in his argument in favor of this philosophy. Problems in human interaction Barnett's argument for the liberal conception focuses on three problems of human interaction: * the problem of knowledgeeach individual has unique knowledge about his or her own interests and situation and about how resources ...
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The Structure Of Liberty
''The Structure of Liberty: Justice and the Rule of Law'' is a book by legal theorist Randy Barnett which offers a libertarian theory of law and politics. Barnett calls his theory ''the liberal conception of justice'', emphasizing the relationship between legal libertarianism and classical liberalism. Barnett argues that private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, is the only legal system that can provide adequate solutions to the problems of interest, power, and knowledge. Barnett uses the term " polycentric constitutional order" for anarcho-capitalism Hoppe, Hans-Hermann, Anarcho-Capitalism: An Annotated Bibliography' in his argument in favor of this philosophy. Problems in human interaction Barnett's argument for the liberal conception focuses on three problems of human interaction: * the problem of knowledgeeach individual has unique knowledge about his or her own interests and situation and about how resources ...
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Legal Theory
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Randy Barnett
Randy Evan Barnett (born February 5, 1952) is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School. Barnett's publications includes eleven books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is ''The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit'' (2021) (with Evan Bernick). His other books on the Constitution are ''An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Kn ...
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Libertarianism
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's encroachment on and violations of individual liberties; emphasizing the rule of law, pluralism, cosmopolitanism, cooperation, civil and political rights, bodily autonomy, free association, free trade, freedom of expression, freedom of choice, freedom of movement, individualism and voluntary association. Libertarians are often skeptical of or opposed to authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope of their opposition to existing economic and political systems. Various schools of Libertarian thought offer a range of views regarding the legitimate functions of state and private power, often calling for the restriction or dissolution of coercive social institutions. Different categori ...
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Libertarian Theories Of Law
Libertarian theories of law build upon classical liberal and individualist doctrines. The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of a free market rather than a philosophical necessity. Historically, the Austrian economist Friedrich Hayek is the most important libertarian legal theorist. Another important predecessor was Lysander Spooner, a 19th-century American individualist anarchist and lawyer. John Locke was also an influence on libertarian legal theory (see ''Two Treatises of Government)''. Ideas range from anarcho-capitalism to a minimal state providing physical protection and enforcement of contracts. Some advocate regulation, including the existence of a police force, military, public land and public infrastructure. Geoli ...
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Classical Liberalism
Classical liberalism is a political tradition Political culture describes how culture impacts politics. Every political system is embedded in a particular political culture. Definition Gabriel Almond defines it as "the particular pattern of orientations toward political actions in which ... and a History of liberalism, branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, economic freedom, political freedom and freedom of speech. It gained full flowering in the early 18th century, building on ideas stemming at least as far back as the 13th century within the Iberian, Anglo-Saxon, and central European contexts and was foundational to the American Revolution and "American Project" more broadly. Notable liberal individuals whose ideas contributed to classical liberalism include John Locke,Steven M. Dworetz (1994). ''The Unvarnished Doctrine: Lock ...
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Polycentric Law
Polycentric law is a theoretical legal structure in which "providers" of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of jurisprudence in which they rule according to higher law. Overview Tom W. Bell, former director of telecommunications and technology studies at Cato Institute, now a professor of law at Chapman University School of Law in California wrote "Polycentric Law", published by the Institute for Humane Studies, when he was a law student at the University of Chicago. In it he notes that others use phrases such as "non-monopolistic law" to describe these polycentric alternatives.Tom W. BellPolycentric Law Institute for Humane Studies Review, Volume 7, Number 1 Winter 1991/92. He outlines traditional customary law (also known as consuetudinary law) before the creation of states, including as d ...
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Anarcho-capitalism
Anarcho-capitalism (or, colloquially, ancap) is an anti-statist, libertarian, and anti-political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, the non-aggression principle, free markets and the right-libertarian interpretation of self-ownership, which extends the concept to include control of private property as part of the self. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market, which they describe as a voluntary society involving the voluntary exchange of services and goods. In a theoretical anarcho-capitalist society, the system of private property would still exist and be enforced by private defense agencies and/or insurance companies selected by customers which would operate competitively in a market and fulfill the roles of courts and the police. ...
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Hans-Hermann Hoppe
Hans-Hermann Hoppe (; ; born 2 September 1949) is a German-American economist of the Austrian School, philosopher and political theorist. He is Professor Emeritus of Economics at the University of Nevada, Las Vegas (UNLV), Senior Fellow of the Ludwig von Mises Institute, and the founder and president of the Property and Freedom Society. Hoppe identifies as an austro-libertarian and anarcho-capitalist, and has written extensively in opposition to democracy in his book '' Democracy: The God That Failed''. Life and work Hoppe was born in Peine, West Germany, did undergraduate studies at Universität des Saarlandes and received his MA and PhD degrees from Goethe University Frankfurt. He studied under Jürgen Habermas, a leading German intellectual of the post-WWII era, but gradually came to reject Habermas's ideas, and European leftism generally, regarding them as "intellectually barren and morally bankrupt." He was a post-doctoral fellow at the University of Michigan, in An ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ...
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Google Books
Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical character recognition (OCR), and stored in its digital database.The basic Google book link is found at: https://books.google.com/ . The "advanced" interface allowing more specific searches is found at: https://books.google.com/advanced_book_search Books are provided either by publishers and authors through the Google Books Partner Program, or by Google's library partners through the Library Project. Additionally, Google has partnered with a number of magazine publishers to digitize their archives. The Publisher Program was first known as Google Print when it was introduced at the Frankfurt Book Fair in October 2004. The Google Books Library Project, which scans works in the collections of library partners and adds them to the digital invent ...
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Libertarianism In The United States
In the United States, libertarianism is a political philosophy promoting individual liberty. According to common meanings of conservatism and liberalism in the United States, libertarianism has been described as ''conservative'' on economic issues (economic liberalism) and ''liberal'' on personal freedom ( civil libertarianism),Boaz, David; Kirby, David (October 18, 2006). ''The Libertarian Vote''. Cato Institute. often associated with a foreign policy of non-interventionism.Olsen, Edward A. (2002). ''US National Defense for the Twenty-First Century: The Grand Exit Strategy''. Taylor & Francisp. 182 . . Broadly, there are four principal traditions within libertarianism, namely the libertarianism that developed in the mid-20th century out of the revival tradition of classical liberalism in the United States after liberalism associated with the New Deal; the libertarianism developed in the 1950s by anarcho-capitalist author Murray Rothbard, who based it on the anti-New Deal Old ...
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