The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

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.

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.

"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

In the early twentieth century, the eugenics movement won many supporters with its promise that social ills such as venereal disease, alcoholism, and so-called feeble-mindedness, along with many other conditions, could be eliminated by selective human breeding and other measures. The provinces of Alberta and British Columbia passed legislation requiring that certain “unfit” individuals undergo reproductive sterilization. Ontario, being home to many leading proponents of eugenics, came close to doing the same. In the Public Good examines three legal processes that were used to advance eugenic ideas in Ontario between 1910 and 1938: legislative bills, provincial royal commissions, and the criminal trial of a young woman accused of distributing birth control information. Taken together, they reveal who in the province supported these ideas, how they were understood in relation to the public good, and how they were debated. Elizabeth Koester shows the ways in which the law was used both to promote and to deflect eugenics, and how the concept of the public good was used by supporters to add power to their cause. With eugenic thinking finding new footholds in the possibilities offered by reproductive technologies, proposals to link welfare entitlement to “voluntary” sterilization, and concerns about immigration, In the Public Good adds depth to our understanding. Its exploration of the historical relationship between eugenics and law in Ontario prepares us to face the implications of “newgenics” today.