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.

Essays

Law & Liberty publishes commentary on legal, political, and cultural issues from a host of contributors.

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.

Liberty Classics

We offer reviews of classic Liberty Fund titles, highlighting their importance for the preservation of liberty and responsibility in a free society.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty July 23, 2019

Industrial Policy and National Conservatism: A Debate

Oren Cass and Richard Reinsch debate the resolution, "America should adopt an industrial policy."

Law & Liberty July 23, 2019

Resolved: That America Should Adopt an Industrial Policy

In the real world as we find it, America has no choice but to adopt an industrial policy, and we will be better for it.

Law & Liberty July 23, 2019

The True Costs of an Industrial Policy

Serving the consumer as the captain of the economy is the price of entry to the dynamism of a market economy.

Law & Liberty July 23, 2019

Conservatives and Originalism: Their Relationship, Reconsidered

Is there a connection between originalism and conservatism that runs deeper than crude results-orientation?

Law & Liberty July 23, 2019

Not Just Old White Males

Making sense of what happens when vast swathes of the electorates of liberal democracies feel ill-served by their political parties and institutions.

Law & Liberty July 22, 2019

Normative Foundations of Originalism

Libertarian originalism tends to undermine conservative legal positions.

Law & Liberty July 22, 2019

Peter Thiel and the Path to a New Conservatism

Those of us who argue that what we conserve is freedom together with equality need to make an ally of Thiel.

Law & Liberty July 22, 2019

Why Do We Look to Science As a Guide for Living?

Science-based morality makes moral “progress” impossible, if not immoral.

Law & Liberty July 19, 2019

Burke and the Nation

Our particular national character, as Burke could see even before American independence, is uniquely oriented by certain principled commitments.

Law & Liberty July 19, 2019

A Giant Leap, Fifty Years On

The fiftieth anniversary of Apollo 11 is a time for honoring that human spirit that drives us to extraordinary achievements previously thought impossible.

Here are the 10 latest posts from Liberty Law Talk.

Liberty Law Talk July 17, 2019

Liberalism as Armed Doctrine: A Conversation with Philip Hamburger

Philip Hamburger joins us to discuss his new book Liberal Suppression

Liberty Law Talk July 2, 2019

The Delusions of the Ideologue and the Wisdom of the Statesman: A Conversation with Greg Weiner

Greg Weiner returns to Liberty Law Talk to discuss what it means to be an Old Whig.

Liberty Law Talk June 14, 2019

Borne Back to the American Founding: A Conversation with George Will

George Will discusses the meaning of the Conservative Sensibility in American politics.

Liberty Law Talk June 3, 2019

Dismantling the Leftist Academic Complex: A Conversation with Roger Scruton

Scruton's crime was to have attempted to take the New Left seriously, finding it severely wanting, if not absurd.

Liberty Law Talk May 16, 2019

Politics as War: A Conversation with David Davenport

David Davenport discusses how we lost "the cool, deliberate sense of the community" in making public policy and embraced the war metaphor.

Liberty Law Talk May 1, 2019

Why Higher Education Is a Cartel: A Conversation with Todd Zywicki

Todd Zywicki joins this episode to discuss the bad economics and perverse regulatory framework of higher education.

Liberty Law Talk April 15, 2019

Fear God. Honor the Emperor. A Conversation with Robert Louis Wilken

Robert Louis Wilken discusses his new book Liberty in the Things of God.

Liberty Law Talk April 1, 2019

The Economic Nationalism Agenda: A Conversation with Daniel McCarthy

Daniel McCarthy makes the case for a new conservative agenda rooted in an aggressive industrial policy.

Liberty Law Talk March 14, 2019

Decentralization and the Common Good: A Conversation with Andy Smarick

Andy Smarick discusses Hayek, subsidiarity, and the principles of authentic decentralization.

Liberty Law Talk March 1, 2019

Lord Liverpool & the British Tradition of Strategic Independence: A Conversation with William Anthony Hay

William Anthony Hay talks about Lord Liverpool's excellent statesmanship.

Here are the 10 latest posts from Liberty Forum.

Liberty Forum July 1, 2019

Is Legal Conservatism as Accomplished as It Thinks It Is?

If the demolition from the 2016 wrecking ball does not create this change in the legal world, I think it is safe to say the next populist uprising will.

Liberty Forum June 3, 2019

China Since Tiananmen: Not a Dream but a Nightmare

The extinguishing of the democracy movement and the flowering of the economic miracle are closely linked.

Liberty Forum May 1, 2019

What Went Wrong (and Right) with Conservative Philanthropy

Effective nonprofit giving on the Right means searching for the best balance between ideas, policies, and patience.

Liberty Forum April 1, 2019

NATO at Three Score and Ten: An Anticipatory Elegy

Dues payments are the least of NATO’s worries. More importantly, now that it’s so big, how can it defend its far-flung borders against Russia?

Liberty Forum March 1, 2019

The Destructive Legacy of McCulloch v. Maryland

John Marshall’s famous opinion invited congressional overreach and gave inadequate weight to the powers of the states.

Liberty Forum February 1, 2019

Islam, Blasphemy, and the East-West Divide

What blasphemy laws tell us 30 years after “the fatwa,” and 40 years after the Iranian Revolution.

Liberty Forum January 2, 2019

Twenty-Five Years of NAFTA

A much-maligned trade pact that needed to be updated, NAFTA now faces an uncertain future.

Liberty Forum November 1, 2018

Administrative Law Is Bunk. We Need a Bundesverwaltungsgericht

Only a new Administrative Judiciary can tame the regulatory state and vindicate the rights of citizens when they get pushed around by a government agency.

Liberty Forum October 1, 2018

Reforming U.S. Environmental Policy

Start with two big obstacles to good policymaking on the environment: federal review under NEPA, and undue judicial deference to the executive branch.

Liberty Forum September 4, 2018

The Frivolous Valley and Its Dreadful Conformity

Silicon Valley, with soil so fertile that anything could grow there, now grows a hierarchy of techies seeking money, fame, power, sex, and adulation.

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