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"Freedom is living your life the way you want to live it. This book shows how you can have that freedom now - without having to change the world or the people around you."--Jacket
Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris [1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
divIn the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time./DIV
How does history end? -- The Red Queen -- Will to power -- Economics outside the corridor -- Allegory of good government -- The European scissors -- Mandate of Heaven -- Broken Red Queen -- Devil in the details -- What's the matter with Ferguson? -- The paper leviathan -- Wahhab's children -- Red Queen out of control -- Into the corridor -- Living with the leviathan.
Public Health Law, first published in 2000, has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.
In Liberty Defined, congressman and #1 New York Times bestselling author Ron Paul returns with his most provocative, comprehensive, and compelling arguments for personal freedom to date. The term "Liberty" is so commonly used in our country that it has become a mere cliche. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, Liberty Defined sheds new light on a word that is losing its shape.
Blame for the putative failure of liberalism in late-nineteenth-century Japan and China has often been placed on an insufficient grasp of modernity among East Asian leaders or on their cultural commitments to traditional values. In Personal Liberty and Public Good, Douglas Howland refutes this view, turning to the central text of liberalism in that era: John Stuart Mill's On Liberty. Howland offers absorbing analyses of the translations of the book into Japanese and Chinese, which at times reveal astonishing emendations. As with their political leaders, Mill's Japanese and Chinese translators feared individual liberty could undermine the public good and standards for public behaviour, and so introduced their own moral values - Christianity and Confucianism, respectively- into On Liberty, filtering its original meaning. Howland mirrors this mistrust of individual liberty in Asia with critiques of the work in England, which itself had trouble adopting liberalism. Personal Liberty and Public Good is a compelling addition to the corpus of writing on the work of John Stuart Mill. It will be of great interest to historians of political thought, liberalism, and translation, as well as scholars of East Asian studies.
In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty.