Thursday, May 12, 2005

Three Pieces on Randy Barnett's "Restoring the Lost Constitution"

Do read these in order. Fxs

First: The Normality of Freedom, a review. Excerpt:

Subtitled The Presumption of Liberty, Barnett's book draws together arguments he has made in previous articles and books to offer a systematic defense of a libertarian interpretation of the U.S. Constitution. He begins with the fundamental question of what makes government legitimate and proceeds with the resolve to define the meaning of legal texts objectively, rather than on the basis of the subjective preferences of authors or contemporary political expediency. This is an ambitious project. Barnett in effect challenges a generation of legal theory from across the political spectrum, but does so without polemics, relying on the clarity of his arguments and the common-sense appeal of his positions to carry the day.

Second: Barnett on the Problem of Legitimacy, a commentary.

Third: On the Legitimacy of a Legal System, a reply.


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