Read more
Informationen zum Autor Richard A. Epstein is Laurence A. Tisch Professor of Law at New York University School of Law, Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, and James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at the University of Chicago Law School. He is the author of, among other books, Takings: Private Property and the Power of Eminent Domain ; Simple Rules for a Complex World ; Design for Liberty: Private Property, Public Administration, and the Rule of Law ; and The Dubious Morality of Modern Administrative Law . Klappentext Without question, the most profound domestic change in the United States from the beginning of the twentieth century through the present time has been the vast expansion of government under the influence of the progressive worldview that received its highest expression in President Franklin D. Roosevelt's New Deal. Progressive thought was no small perturbation from the views of government that had previously defined the American legal tradition. Indeed, the progressive movement defined itself in opposition to once-dominant classical liberal theories of government that stressed the dominance of private property, individual liberty, and limited government.The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.
List of contents
Contents Preface Introduction: From Small to Large Government 1. The Traditional Conception of the Rule of Law 2. Reasonableness Standards and the Rule of Law 3. Where Natural Law and Utilitarianism Converge 4. Where Natural Law and Utilitarianism Diverge 5. Property Rights in the Grand Social Scheme 6. The Bundle of Rights 7. Eminent Domain 8. Liberty Interests 9. Positive-SumProjects 10. Redistribution Last 11. The Rule of Law Diminished 12. Retroactivity 13. Modern Applications: Financial Reform and Health Care 14. Final Reflections Notes Index of Cases General Index
Report
This new book by the NYU law school professor and senior Hoover fellow is yet another in a long stream of magnificent defenses of the free market, in which the problem of how best to reduce and streamline public administration is brilliantly addressed.
-- Walter Block Barron's
Design for Liberty is a masterly analysis of the problem of our modern administrative state and a highly practical manual for putting the law back on the right track...Epstein's discussion of eminent domain is so excellent, accessible, and relevant, that it should be required reading for every local and state political official... Epstein points to the 'fourth wave' of the administrative state--the Dodd-Frank financial reform bill and the Affordable Care Act (ACA)--to illustrate the bureaucracy's ongoing expansion. His analysis of the likely consequences of these laws is alone worth the price of the book.
-- Joseph Postell Claremont Review of Books
Design for Liberty might be the most important book of 2011, possibly of this decade. It clarifies the motivation of both the tea party and Occupy Wall Street movements. Epstein has written one of those books that appear rarely and demands to be read.
-- Mark Lardas Galveston Daily News
Epstein describes an overregulated state and argues that administrators have too much discretion--a situation that ultimately harms individuals. This short but dense book describes how the rule of law can create a more ideal system with limited, neutral public administration combined with robust private-property rights. Legal scholars and political philosophers will appreciate Epstein's well-argued case for smaller government.
-- Rachel Bridgewater Library Journal
