Liberalism Undressed by Jethro K. Lieberman (English) Hardcover Book

Description: Liberalism Undressed by Jethro K. Lieberman One of mankinds most enduring questions is the legitimate scope of state power: how far and in what ways may the government meddle with peoples lives? Where lies the line that government ought not cross? For more than three centuries, the western world has answered these questions with a set of institutions and practices that have come to be known as liberal democracy. Though deeply rooted, liberalism has stirred critical attacks from both the left and the right and it has never wholly taken over as the dominant political school of thought for any length of time. During the past 40 years, many of liberalisms most distinguished defenders have presented complex, controversial, abstruse, and even impenetrable theories to justify liberal institutions and practices, often relying on metaphysical constructs, imaginary beings, and fanciful events to describe abstract liberal principles that rarely reach real-world problems. In Liberalism Undressed, Jethro K. Lieberman returns to liberalisms roots to explain, in accessible and readable prose, why liberalism retains its power and appeal.He begins with the memorable thesis of John Stuart Mill that "the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others." Building on Mills well-known but rarely analyzed Harm Principle, Liberalism Undressed undertakes to show that this widely-accepted precept--"its a free country; I should be able to do what I want as long as I dont hurt anybody"--can justify a government robust enough to deal with pressing modern problems of human abuse and suffering while restrained enough to provide people freedom to live life on their own terms. A stirring defense of the harm principle as the bedrock of liberal governance, Liberalism Undressed rethinks the very purpose of government in the twenty-first century. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description One of mankinds most enduring questions is the legitimate scope of state power: how far and in what ways may the government meddle with peoples lives? Where lies the line that government ought not cross? For more than three centuries, the western world has answered these questions with with institutions and practices that collectively have come to be known as liberal democracy. Though deeply rooted, liberalism has stirred critical attacks from both the left andthe right and it has never wholly won the day. During the past 40 years, many of liberalisms most distinguished defenders have presented complex, controversial, abstruse, and even impenetrable theoriesto justify liberal institutions and practices, often relying on metaphysical constructs, imaginary beings, and fanciful events to fashion abstract liberal principles that rarely reach real-world problems. In Liberalism Undressed, Jethro K. Lieberman returns to liberalisms roots to explain, in accessible and readable prose, why liberalism retains its power and appeal. He begins with the memorable thesis of John Stuart Mill, who drew from earlier liberal writers, that "theonly purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others." Building on Mills well-known, but rarely analyzed,Harm Principle, Liberalism Undressed undertakes to show that this widely-accepted precept-"its a free country; I should be able to do what I want as long as I dont hurt anybody"-can justify a government robust enough to deal with pressing modern problems of human harm and suffering while restrained enough to provide people freedom to live life on their own terms. A powerful reinterpretation of liberalisms foundations, it forces us to rethink our understanding of the meaning of harm and theproper role of government in our individual and communal lives. Author Biography Jethro K. Lieberman is the author of The Litigious Society and many other books. He has had a varied career: as a practicing lawyer, both in private practice and as a Navy JAG officer; as a journalist, working as Legal Affairs Editor of Business Week; and as a Professor, both at New York Law School and, as adjunct professor of Political Science, at Columbia University. Table of Contents Chapter 1: The Liberal PremiseCommitments in Search of a PremiseThe Harm PrincipleThe Ends, Means, Reach, and Shape of GovernmentLiberal Alternatives to the Harm PrincipleThe Modesty of the Harm PrincipleThe Self: Autonomous Solitary or Communal Solidary?A Few Words about ReasonChapter 2: Constructing Harm from Natural Rights: The Cases of Locke and NozickThe Traditional Neglect of HarmLocke and the Indeterminacy of HarmNozick and the Relativity of HarmIgnorance and HarmThe Relativity of PropertyChapter 3: The Meaning of Harm Derived from Interests: Feinbergs Harm PrincipleThe Butterfly EffectWrongful Harmdoing: Harm as Wrongful Setback to InterestThe Interest CriterionThe Setback CriterionThe Criterion of WrongfulnessHarmless WrongdoingHarm in Criminal and Civil ContextsAggregative Harms and the Problem of RiskAccumulative Harms and the Problem of CausationChapter 4: Collective Harms and the Market: Problems of CausationThe Market as Natural ForceThe Market as Human AgencyAddressing Market HarmsCompetition HarmsInvestment Harms and the Problem of PlanningMarket Harms and Harms to MarketProduction Harms and Restrictions on PropertyEmployment Harms and Working ConditionsA Note on Market SocialismWelfare HarmsChapter 5: Taxation, Welfare, and BenefitsThe Problem of CharityPositive and Negative RightsWelfare BenefitsProjectsSelf-provisioningRule-MakingPreventing Incipient HarmsDuty to rescueEducation and FamiliesChapter 6: The Duty to Act: Toward the Fiduciary EthicProximity and the Duty to ActSpecial Relationships and the Duty to ActThe Fiduciary EthicChapter 7: The Forms of InterventionModes and Types of InterventionModes of InterventionTypes of InterventionGeneral Limiting Principles of InterventionProportionality PrinciplePrinciple of Least IntrusionRetroactivity PrincipleEquality PrinciplePrinciple of Procedural FairnessRedressing HarmAggregative HarmsAccumulative HarmsRegulation vs. Litigation: The Case for LicensingChapter 8: What Who?Why Who?Democracy and the Harm PrincipleStakeholders: Ownership and Independence as the Basis of Political PowerExpertise as the Basis of Political PowerCitizenship as the Basis of Political PowerRestraints on Government PowerRestraints Preserved in a ConstitutionSeparation of PowersLaws Applied Equally to All, Including LegislatorsNon-Delegation of Legislative PowerFrequent Elections and Universal SuffrageFreedom of Speech and PressA Note on RightsOther Constitutional RestraintsAgainst Constitutionalizing the Harm PrincipleChapter 9: Paternalism and the Time LineSelf-Regarding and Other-Regarding BehaviorConsent to RisksConsent to HarmsBanning Permanent Deprivations of LibertyCustom and PaternalismSome Notes on ExploitationSelf BindingThe Time LineSoft Paternalism as Liberty LimitingChapter 10: Harm to NormsExpectations and the Externality ConstraintDisobeying Religious Commands: Provoking the Wrath of GodProhibiting Immoral ConductImmorality as Harm to CommunityBanning Actual ImmoralityActual Immorality and CommunityActual Immorality and Personal DistressHarmless ImmoralityThe Communitarian Challenge to LiberalismCommunity as Source of ValueCivic RepublicanismMulticulturalism and Group RightsHarms by Community: Association and EqualityChapter 11: Liberalism RedressedFarewell to Zoon Politikon: Value Beyond the StateThe Passive Nobility of LiberalismMillian Moments: Is the Harm Principle at Work in the Real World?Facing Up to HarmAppendix: Four Liberal Premises and Their ProblemsThe Consent PremiseThe Dialogue PremiseThe Equality PremiseThe Neutrality PremiseAcknowledgmentsReferences Review "Liberalism Undressed is Liebermans masterwork, a brilliant, provactive and mature product of decades of thought about some of the most fundamental issues of our time or any time. ... His book belongs on the shelf next to the works of John Rawls, Robert Nozick, and Ronald Dworkin."--New York Law Journal"In Liberalism Undressed, a book deeply immersed in the political and legal thought of the last several centuries, Jethro Lieberman revives to powerful effect JS Mills largely ignored "harm principle." With great clarity, elegance, wit and a good deal of common sense, Lieberman demonstrates that we can find in Mills principle a justification for liberal government. By addressing a wide range of public policy issues with the harm principle in hand, hederives a potent theory of state powers. Fearless in his rejection of the arguments of a multitude of contemporary pundits and theorists, Lieberman offers the reader a humane guide that should enable us topreserve the liberty of liberalism in a world of necessary interdependence and government involvement."--Arlene Saxonhouse, Caroline Robbins Collegiate Professor of Political Science, University of Michigan"Jethro Lieberman has, for many years, been one of our most accomplished and thoughtfulcommentators on the law. He brings to legal, political, and cultural analysis the acumen of a philosopher, the common-sense wisdom of a practitioner, and the flair of a literary stylist. In an age when "liberal" has become an epithet, Lieberman brilliantly reformulates and recaptures the kind of liberalism that Edmund Burke articulated two centuries ago, and that even conservatives like me can cherish."--Stephen B. Presser, Raoul Berger Professor of Legal History, Northwestern UniversitySchool of Law"As one reads through Jethro Liebermans Liberalism Undressed, it becomes increasingly clear that this is the work of an extraordinarily wise, insightful and well-educated person. It also helps that Lieberman is a splendid writer."--Yale Kamisar, Professor Emeritus, University of Michigan Law School"Liberalism Undressed is a thought-provoking exploration into the enduring relevance of the classical liberal political ideal in the modern world. The reader will come away with valuable insights into the proper role of government in a free society."--Senator Joseph I. Lieberman Promotional Rethinks the very purpose of government in the twenty-first century Long Description One of mankinds most enduring questions is the legitimate scope of state power: how far and in what ways may the government meddle with peoples lives? Where lies the line that government ought not cross? For more than three centuries, the western world has answered these questions with with institutions and practices that collectively have come to be known as liberal democracy. Though deeply rooted, liberalism has stirred critical attacks from both the left andthe right and it has never wholly won the day. During the past 40 years, many of liberalisms most distinguished defenders have presented complex, controversial, abstruse, and even impenetrable theories to justify liberal institutions and practices, often relying on metaphysical constructs, imaginarybeings, and fanciful events to fashion abstract liberal principles that rarely reach real-world problems. In Liberalism Undressed, Jethro K. Lieberman returns to liberalisms roots to explain, in accessible and readable prose, why liberalism retains its power and appeal. He begins with the memorable thesis of John Stuart Mill, who drew from earlier liberal writers, that "the only purpose for which power can be rightfully exercised over any member of a civilised community,against his will, is to prevent harm to others." Building on Mills well-known, but rarely analyzed, Harm Principle, Liberalism Undressed undertakes to show that this widely-accepted precept-"its a free country; I should be able to do what I want as long as I dont hurt anybody"-can justify agovernment robust enough to deal with pressing modern problems of human harm and suffering while restrained enough to provide people freedom to live life on their own terms. A powerful reinterpretation of liberalisms foundations, it forces us to rethink our understanding of the meaning of harm and the proper role of government in our individual and communal lives. Review Text "Liberalism Undressed is Liebermans masterwork, a brilliant, provactive and mature product of decades of thought about some of the most fundamental issues of our time or any time. ... His book belongs on the shelf next to the works of John Rawls, Robert Nozick, and Ronald Dworkin."--New York Law Journal"In Liberalism Undressed, a book deeply immersed in the political and legal thought of the last several centuries, Jethro Lieberman revives to powerful effect JS Mills largely ignored "harm principle." With great clarity, elegance, wit and a good deal of common sense, Lieberman demonstrates that we can find in Mills principle a justification for liberal government. By addressing a wide range of public policy issues with the harm principle in hand, hederives a potent theory of state powers. Fearless in his rejection of the arguments of a multitude of contemporary pundits and theorists, Lieberman offers the reader a humane guide that should enable us to preserve the liberty of liberalism in a world of necessary interdependence and governmentinvolvement."--Arlene Saxonhouse, Caroline Robbins Collegiate Professor of Political Science, University of Michigan"Jethro Lieberman has, for many years, been one of our most accomplished and thoughtful commentators on the law. He brings to legal, political, and cultural analysis the acumen of a philosopher, the common-sense wisdom of a practitioner, and the flair of a literary stylist. In an age when "liberal" has become an epithet, Lieberman brilliantly reformulates and recaptures the kind of liberalism that Edmund Burke articulated two centuries ago, and that even conservatives like me can cherish."--Stephen B. Presser, Raoul Berger Professor of Legal History, Northwestern UniversitySchool of Law"As one reads through Jethro Liebermans Liberalism Undressed, it becomes increasingly clear that this is the work of an extraordinarily wise, insightful and well-educated person. It also helps that Lieberman is a splendid writer."--Yale Kamisar, Professor Emeritus, University of Michigan Law School"Liberalism Undressed is a thought-provoking exploration into the enduring relevance of the classical liberal political ideal in the modern world. The reader will come away with valuable insights into the proper role of government in a free society."--Senator Joseph I. Lieberman Review Quote "Liberalism Undressed is Liebermans masterwork, a brilliant, provactive and mature product of decades of thought about some of the most fundamental issues of our time or any time. ... His book belongs on the shelf next to the works of John Rawls, Robert Nozick, and Ronald Dworkin."--New York Law Journal "In Liberalism Undressed, a book deeply immersed in the political and legal thought of the last several centuries, Jethro Lieberman revives to powerful effect JS Mills largely ignored "harm principle." With great clarity, elegance, wit and a good deal of common sense, Lieberman demonstrates that we can find in Mills principle a justification for liberal government. By addressing a wide range of public policy issues with the harm principle in hand, he derives a potent theory of state powers. Fearless in his rejection of the arguments of a multitude of contemporary pundits and theorists, Lieberman offers the reader a humane guide that should enable us to preserve the liberty of liberalism in a world of necessary interdependence and government involvement."--Arlene Saxonhouse, Caroline Robbins Collegiate Professor of Political Science, University of Michigan "Jethro Lieberman has, for many years, been one of our most accomplished and thoughtful commentators on the law. He brings to legal, political, and cultural analysis the acumen of a philosopher, the common-sense wisdom of a practitioner, and the flair of a literary stylist. In an age when "liberal" has become an epithet, Lieberman brilliantly reformulates and recaptures the kind of liberalism that Edmund Burke articulated two centuries ago, and that even conservatives like me can cherish."--Stephen B. Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law "As one reads through Jethro Liebermans Liberalism Undressed, it becomes increasingly clear that this is the work of an extraordinarily wise, insightful and well-educated person. It also helps that Lieberman is a splendid writer."--Yale Kamisar, Professor Emeritus, University of Michigan Law School "Liberalism Undressed is a thought-provoking exploration into the enduring relevance of the classical liberal political ideal in the modern world. The reader will come away with valuable insights into the proper role of government in a free society."--Senator Joseph I. Lieberman Feature conferences: APSA 2012, MPSASelling point: first book to take Millss harm principle seriously as the basis for generating the political principles, institutions, and practices of liberalismSelling point: clearly constructs the theory of liberalism in a language accessible to a non-specialist audience Details ISBN0199919844 Short Title LIBERALISM UNDRESSED Language English ISBN-10 0199919844 ISBN-13 9780199919840 Media Book Format Hardcover DEWEY 320.51 Publication Date 2012-10-25 Year 2012 Illustrations black & white illustrations Place of Publication New York Country of Publication United States UK Release Date 2012-10-25 AU Release Date 2012-10-25 NZ Release Date 2012-10-25 US Release Date 2012-10-25 Author Jethro K. Lieberman Pages 384 Publisher Oxford University Press Inc Imprint Oxford University Press Inc Audience Undergraduate We've got this At The Nile, if you're looking for it, we've got it. 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