In this book, Duncan Kelly excavates, from the history of modern political thought, a largely forgotten claim about liberty as a form of propriety. By rethinking the intellectual and historical foundations of modern accounts of freedom, he brings into focus how this major vision of liberty developed between the seventeenth and the nineteenth centuries. In his framework, celebrated political writers, including John Locke, Montesquieu, Adam Smith, John Stuart Mill, and Thomas Hill Green pursue the claim that freedom is best understood as a form of responsible agency or propriety, and they do so by reconciling key moral and philosophical claims with classical and contemporary political theory. Their approach broadly assumes that only those persons who appropriately regulate their conduct can be thought of as free and responsible. At the same time, however, they recognize that such internal forms of self-propriety must be judged within the wider context of social and political life. Kelly shows how the intellectual and practical demands of such a synthesis require these great writers to consider freedom as part of a broader set of arguments about the nature of personhood, the potentially irrational impact of the passions, and the obstinate problems of individual and political judgement. By exploring these relationships, The Propriety of Liberty not only revises the intellectual history of modern political thought, but also sheds light on contemporary debates about freedom and agency.

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The State is a brilliant analysis of some of the fundamental issues of modern political thought from the perspective, not of individuals or subjects, but of the state itself. The author poses the query, "What would you do if you were the state?" The state usually is understood as an instrument, not a personality, and it is presumed to exist so that people can achieve their common ends. However, Jasay asks, what if we suppose the state to have a will and ends of its own? To answer these questions, the author traces the logical and historical progression of the state from a modest-sized protector of life and property through its development into an "agile seducer of democratic majorities, to the welfare-dispensing drudge that it is in many countries today ... Is the rational next step a totalitarian enhancement of its power?" The State presents what has been termed "a disturbingly logical 'agenda' for the state in pursuit of its 'self-fulfillment.'"--Inside jacket flap.

Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.

"The texts in this volume represent earlier contributions to the ongoing conversation about the meaning of "the freedom of speech, and of the press," collected and selected to help the reader situate and understand what has gone on before and to advance the contemporary argument in a more informed way."--Introduction, page v.