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The Ideal Element In Law Cover

The Ideal Element In Law

Roscoe Pound

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals.

Now published in the U.S. for the first time, Pound’s lectures are collected in Liberty Fund’s The Ideal Element in Law, Pound’s most important contribution to the relationship between law and liberty.

The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound’s lectures were first delivered. Pound’s view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century.

Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself.

Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936.

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In Defense of the Constitution Cover

In Defense of the Constitution

George W. Carey

In Defense of the Constitution refutes modern critics of the Constitution who assail it as "reactionary" or "undemocratic." The author argues that modern disciples of Progressivism are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. Furthermore, he contends, Progressive interpreters of the Constitution subtly distort fundamental principles of the Constitution for the precise purpose of achieving their egalitarian goals. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court—or judicial supremacy.

Key elements and issues in this transformation of the original republic into an egalitarian mass society are thoroughly examined.

George W. Carey is Professor of Government at Georgetown University and editor of The Political Science Reviewer.

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Judgments on History and Historians Cover

Judgments on History and Historians

Jacob Burckhardt

Renowned for his Civilization of the Renaissance in Italy and Reflections on History (published by Liberty Fund), Jacob Burckhardt (1818–1897) has well been described as "the most civilized historian of the nineteenth century." Judgments on History and Historians consists of records collected by Emil Dürr from Burckhardt's lecture notes for history courses at the University of Basel from 1865 to 1885. The 149 brief sections span five eras: Antiquity, the Middle Ages, History from 1450 to 1598, the History of the Seventeenth and Eighteenth Centuries, and the Age of Revolution. As Walter Goetz observed of the work a generation ago, "It is impossible to imagine a more profound introduction to world history and its driving forces."

Alberto R. Coll is a Professor of Strategy and Policy at the United States Naval War College, Newport, Rhode Island.

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The Lamp of Experience Cover

The Lamp of Experience

Trevor Colbourn

In a landmark work, a leading scholar of the eighteenth century examines the ways in which an understanding of the nature of history influenced the thinking of the founding fathers.

As Jack P. Greene has observed, "[The Whig] conception saw the past as a continual struggle between liberty and virtue on one hand and arbitrary power and corruption on the other." Many founders found in this intellectual tradition what Josiah Quincy, Jr., called the "true old English liberty," and it was this Whig tradition—this conception of liberty—that the champions of American independence and crafters of the new republic sought to perpetuate. Colbourn supports his thesis—that "Independence was in large measure the product of the historical concepts of the men who made it"—by documenting what books were read most widely by the founding generation. He also cites diaries, personal correspondence, newspapers, and legislative records.

Trevor Colbourn is President Emeritus of the University of Central Florida.

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Lectures on the French Revolution Cover

Lectures on the French Revolution

John Emerich Edward Dalberg-Acton

Delivered at Cambridge University between 1895 and 1899, Lectures on the French Revolution is a distinguished account of the entire epochal chapter in French experience by one of the most remarkable English historians of the nineteenth century. In contrast to Burke a century before, Acton leaves condemnation of the French Revolution to others. He provides a disciplined, thorough, and elegant history of the actual events of the bloody episode—in sum, as thorough a record as could be constructed in his time of the actual actions of the government of France during the Revolution. There are twenty-two essays, commencing with “The Heralds of the Revolution,” in which Acton presents a taxonomy of the intellectual ferment that preceded—and prepared—the Revolution. An important appendix explores “The Literature of the Revolution.” Here Acton offers assessments of the accounts of the Revolution written during the late eighteenth and the nineteenth centuries by, among others, Burke, Guizot, and Taine.

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A Letter Concerning Toleration and Other Writings Cover

A Letter Concerning Toleration and Other Writings

John Locke

ALetter Concerning Toleration and Other Writings brings together the principal writings on religious toleration and freedom of expression by one of the greatest philosophers in the Anglophone tradition: John Locke. The son of Puritans, Locke (1632–1704) became an Oxford academic, a physician, and, through the patronage of the Earl of Shaftesbury, secretary to the Council of Trade and Plantations and to the Lords Proprietors of Carolina. A colleague of Robert Boyle and Isaac Newton and a member of the English Royal Society, Locke lived and wrote at the dawn of the Enlightenment, a period during which traditional mores, values, and customs were being questioned.This volume opens with Locke's Letter Concerning Toleration (1689) and also contains his earlier Essay Concerning Toleration (1667), extracts from the Third Letter for Toleration (1692), and a large body of his briefer essays and memoranda on this theme. As editor Mark Goldie writes in the introduction, A Letter Concerning Toleration "was one of the seventeenth century's most eloquent pleas to Christians to renounce religious persecution." Locke's contention, fleshed out in the Essay and in the Third Letter, that men should enjoy a perfect and "uncontrollable liberty" in matters of religion was shocking to many in seventeenth-century England. Still more shocking, perhaps, was its corollary, that the magistrate had no standing in matters of religion. Taken together, these works forcefully present Locke's belief in the necessary interrelation between limited government and religious freedom. At a time when the world is again having to come to terms with profound tensions among diverse religions and cultures, they are a canonical statement of the case for religious and intellectual freedom.This Liberty Fund edition provides the first fully annotated modern edition of A Letter Concerning Toleration, offering the reader explanatory guidance to Locke's rich reservoir of references and allusions. The introduction, a chronology of Locke's life, and a reading guide further equip the reader with historical, theological, and philosophical contexts for understanding one of the world's major thinkers on toleration, who lived and wrote at the close of Europe's Reformation and the dawn of the Enlightenment.This book is the first volume in Liberty Fund's Thomas Hollis Library series. As general editor David Womersley explains, Thomas Hollis (1720–1774) was a businessman and philanthropist who gathered books he thought were essential to the understanding of liberty and donated them to libraries in Europe and America in the years preceding the American Revolution.John Locke (1632–1704) was an English philosopher and physician.

Mark Goldie is Reader in British Intellectual History, University of Cambridge and is co-editor of The Cambridge History of Political Thought, 1450–1700 and editor of John Locke: Two Treatises of Government and John Locke: Political Essays.

David Womersley is Thomas Warton Professor of English Literature at the University of Oxford. His most recent book is Divinity and State.

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Letters on a Regicide Peace Cover

Letters on a Regicide Peace

Volume 3

Edmund Burke

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The Liberal Mind Cover

The Liberal Mind

Kenneth Minogue

Kenneth Minogue offers a brilliant and provocative exploration of liberalism in the Western world today: its roots and its influences, its present state, and its prospects in the new century. The Liberal Mind limns the taxonomy of a way of thinking that constitutes the very consciousness of most people in most Western countries.

While few—especially in America—embrace the description of liberal, still, Minogue argues, most Americans and most Europeans behave as liberals. At least they are the heirs of what Minogue describes as "the triumph of an enlarged, flexible, and pragmatic version of liberalism."

But what, precisely, is liberalism? Or, more accurately, can liberalism be defined precisely? Minogue attempts to answer both questions. "The Liberal Mind attempts to uncover the philosophy of liberalism and lay bare its implications. What is Man? How does he think and feel? What is the place of Reason in human affairs? How should men live? What is politics, and what is it for? These are the questions which liberalism both asks and answers. The answers supply a technique of living, which is a utilitarian moral guide: yet the great advantage claimed for this code is that it is scientific. Because of this claim, liberalism is forced into a series of moral and political evasions, both doctrines and emotional habits of thought. These are dissected in The Liberal Mind."

The past two centuries have been characterized, in the West at least, by "the fury of old ideological battles . . . such as: A planned economy, or free enterprise? Individual thrift, or social services? Free trade, or protection?" These battles have largely been completed—and, many would say, have been won by the champions of, respectively, free enterprise, individual thrift, and free trade.

By examining the larger implications of the concept of liberalism, Minogue offers fresh perspective on the political currents that continue to shape governments and policy in the Western world.

Kenneth Minogue is Emeritus Professor of Political Science at the University of London.

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Liberalism Cover

Liberalism

Ludwig von Mises

The term "liberalism" comes from the Latin word liber meaning "free." Mises defines liberalism as "the liberal doctrine of the harmony of the rightly understood interests of all members of a free society founded on the principle of private ownership of the means of production." This book presents the theoretical and practical arguments for liberalism in the classical tradition.The foundation of liberalism, Mises says, rests on an understanding and appreciation of private property, social cooperation, the freedom idea, ethics and morality, democracy, and the legitimate role of government. Liberalism is not a political party; it is a system of social organization. The liberal program aims at securing equality under law and freedom of opportunity for everyone to make their own choices and decisions, so long as they do not interfere with the equal rights of others; it offers no special privileges to anyone. Under liberalism, the role of government would be limited to protecting the lives, property, and freedom of its citizens to pursue their own ends and goals. Mises is more specific here than elsewhere in applying the liberal program to economic policy, domestic and foreign. Also in this book, Mises contrasts liberalism with other conceivable systems of social organization such as socialism, communism, and fascism. Ludwig von Mises (1881–1973) was the leading spokesman of the Austrian School of Economics throughout most of the twentieth century. He earned his doctorate in law and economics from the University of Vienna in 1906. In 1926, Mises founded the Austrian Institute for Business Cycle Research. From 1909 to 1934, he was an economist for the Vienna Chamber of Commerce. Before the Anschluss, in 1934 Mises left for Geneva, where he was a professor at the Graduate Institute of International Studies until 1940, when he emigrated to New York City. From 1948 to 1969, he was a visiting professor at New York University.Bettina Bien Greaves is a former resident scholar, trustee, and longtime staff member of the Foundation for Economic Education. She has written and lectured extensively on topics of free market economics. Her articles have appeared in such journals as Human Events, Reason, and The Freeman: Ideas on Liberty. A student of Mises, Greaves has become an expert on his work in particular and that of the Austrian School of economics in general. She has translated several Mises monographs, compiled an annotated bibliography of his work, and edited collections of papers by Mises and other members of the Austrian School.

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