Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.

This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.

The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.

Perhaps no issue is more divisive among philosophers, jurists and theologians than the nature of human liberty. Liberty is central to the claims of the Christian Gospel, the Glorious Revolution of 1688 and the American Revolution. But discussions about the nature of freedom have been characterized by profound disagreement and unsettling questions. What does it mean to be free? Is freedom worth more than mens' lives? Why should man be free? What, if any, legitmate responsibilities accompany freedom? These subjects are that the heart of Samuel Gregg's new book On Ordered Liberty. Beginning with the insights of Alexis de Tocqueville and some natural law theorists, Gregg suggests that something which he terms 'integral law' must be distinguished from most contemporary visions of freedom. He argues that this new arrangement requires a complete repudiation of utilitarian ideas on the grounds that they are incompatable with human nature. He also recommends a new and more rigorous focus on the basic but often neglected-question: what is man? On Ordered Liberty goes beyond the liberal and conservative divide, asking its readers to think about the proper ends of human choice and actions in a free society.

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Liberty, one of the most consequential words in our language, is one of the most treasured concepts in American thought—and one of the most intensely debated. Its meaning is constantly shifting, changing not only from one culture to another but also, over time, within the same culture. No two definitions of liberty seem alike. In this subtle and illuminating work Michael Kammen traces the evolving concept of liberty throughout American history and provides a solid framework for understanding the meaning of the term today. He shows that by the early seventeenth century a tension between liberty and authority was well recognized. Throughout the eighteenth century and especially during the American Revolution a bond between liberty and property was asserted. By the end of the eighteenth century this concept of liberty was so well established that it remained dominant throughout the nineteenth. By the early twentieth century, as the notion of social justice gained prominence, liberty and justice were paired frequently, and by midcentury the two had become allied to general American values. Since the 1960s the union of liberty and equality has been the prevailing notion and achieving them has proved a major objective. In a lively and learned manner Kammen also shows that Americans have subscribed to different definitions of liberty concurrently. Above all, there has been a steady expansion of what is embraced by the concept of liberty. This expansion has created difficulties in public discourse, causing groups to misunderstand one another. On the other hand, interpretations of liberty have broadened to include such concepts as constraints on authority, a right to privacy, and the protection of personal freedoms. In a new preface for this Banner Books edition, Kammen responds to evaluations of earlier editions and places his views within the context of more recent studies.