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Encyclopedia > Randy Barnett
Randy Barnett
Randy Barnett
Part of the Politics series on
Libertarianism

Schools of thought
Agorism
Anarcho-capitalism
Geolibertarianism
Green libertarianism
Left-libertarianism
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Neolibertarianism
Paleolibertarianism
Image File history File links Size of this preview: 414 × 600 pixel Image in higher resolution (470 × 681 pixel, file size: 66 KB, MIME type: image/jpeg) This image was taken from randybarnett. ... Image File history File links Size of this preview: 414 × 600 pixel Image in higher resolution (470 × 681 pixel, file size: 66 KB, MIME type: image/jpeg) This image was taken from randybarnett. ... Politics is the process by which groups make decisions. ... This article is becoming very long. ... Agorism is a radical left-libertarian political philosophy popularized by Samuel Edward Konkin III, who defined an agorist as a conscious practitioner of counter-economics (peaceful black markets and grey markets). ... Anarcho-capitalism refers to an anti-statist philosophy that embraces capitalism as one of its foundational principles. ... Geolibertarianism (also geoanarchism) is a liberal political philosophy that holds along with other forms of libertarian individualism that each individual has an exclusive right to the fruits of his or her labor, as opposed to this product being owned collectively by society or the community. ... Green-Libertarian describes a political philosophy that was established in the United States. ... Historically, the term libertarianism was coined by the classical anarchist movement to describe their own, anti-statist version of socialism, as contrasted with the state socialism implemented by Leninist regimes. ... In civics, minarchism, sometimes called minimal statism or small government, is the view that the size, role and influence of government in a free society should be minimal — only large enough to protect the liberty and property of each individual. ... Neolibertarianism is a political philosophy combining elements of libertarian and conservative thought that embraces incrementalism and pragmatism domestically, and a generally interventionist foreign policy based on self-interest, national defense and the expansion of freedom. ... Paleolibertarianism is a school of thought within American libertarianism founded by Lew Rockwell and Murray Rothbard, and closely associated with the Ludwig von Mises Institute. ...


Origins
Austrian School
Chicago School
Classical liberalism
Individualist anarchism
The Austrian School, also known as “the Vienna School” and as “the Psychological School”, is a school of economic thought that advocates adherence to strict methodological individualism. ... The Chicago School of Economics is a school of thought in economics; it refers to the style of economics practiced at and disseminated from the University of Chicago after 1946. ... Classical liberalism (also called laissez-faire liberalism[1]) is a term used: to label the philosophy developed by early liberals from the Age of Enlightenment until John Stuart Mill [2] to label the revived economic liberalism of the 20th century, seen in work by Friedrich Hayek[3] and Milton Friedman. ... Individualist Anarchism is an anarchist philosophical tradition that has a strong emphasis on sovereignty of the individual[1] and is generally opposed to collectivism[2]. The tradition appears most often in the United States, most notably in regard to its advocacy of private property. ...


Ideas
Civil liberties
Free markets
Free trade
Laissez-faire
Liberty
Individualism
Non-aggression
Private property
Self-ownership
Civil liberties is the name given to freedoms that protect the individual from government. ... A free market is an idealized market, where all economic decisions and actions by individuals regarding transfer of money, goods, and services are voluntary, and are therefore devoid of coercion and theft (some definitions of coercion are inclusive of theft). Colloquially and loosely, a free market economy is an economy... Free trade is an economic concept referring to the selling of products between countries without tariffs or other trade barriers. ... Laissez-faire is short for laissez faire, laissez passer, a French phrase meaning to let things alone, let them pass. First used by the eighteenth century Physiocrats as an injunction against government interference with trade, it is now used as a synonym for strict free market economics. ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... Methodological individualism is a philosophical orientation toward explaining broad society-wide developments as the accumulation of decisions by individuals. ... The non-aggression principle (also called the non-aggression axiom, anticoercion principle, or zero aggression principle) is a deontological ethical stance associated with the libertarian movement. ... This page deals with property as ownership rights. ... Self-ownership (aka the soveriegnty of the individual or individual sovereignty) is the condition where an individual has the exclusive moral right to control his or her own body and life. ...


Key issues
Economic views
History
Parties
Theories of law
Views of rights
Criticism of libertarianism
The Austrian School of economics and the Chicago School of economics are important foundations of the economic system favored by modern libertarians —capitalism, where the means of production are privately owned, economic and financial decisions are made privately rather than by state control, and goods and services are exchanged in... Modern libertarians see themselves as having revived the original doctrine of liberalism, and often call themselves libertarians and classical liberals interchangeably. ... Many countries and subnational political entities have libertarian political parties. ... Libertarian theories of law build on libertarianism or classical liberalism. ... Libertarians and Objectivists limit what they define as rights to variations on the right to be left alone, and argue that other rights such as the right to a good education or the right to have free access to water are not legitimate rights and do not deserve the same... Libertarianism is a political philosophy that supports largely unrestricted property rights and opposes most government functions (such as taxation, prosecution of victimless crimes and regulations on businesses beyond the minimum required to prevent fraud or property damage) as coercive, even if a democratic majority supports it. ...

Politics Portal ·  v  d  e 

Randy E. Barnett (born February 5, 1952) is a lawyer, a law professor at Georgetown University Law Center, and a legal theorist in the United States. He is noted for his libertarian theory of law and his work on contract theory, constitutional law, and jurisprudence. February 5 is the 36th day of the year in the Gregorian Calendar. ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... The schools original sign, preserved on the north quad of the present-day campus. ... Libertarian theories of law build on libertarianism or classical liberalism. ... Contract theory comprises many different theories and various interpretations of the various body of rules and subrules that define Contract Law. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Jurisprudence is the theory and philosophy of law. ...


After attending Northwestern University in Evanston, Illinois, and Harvard Law School in Cambridge, Massachusetts, Barnett worked as a prosecutor in Chicago, Illinois. Barnett's first academic position was at the Chicago-Kent College of Law of the Illinois Institute of Technology. He later became the Austin B. Fletcher Professor of Law at Boston University, where he served as the faculty adviser for the Federalist Society. He joined the faculty of Georgetown University Law Center in 2006. Barnett is a Senior Fellow of the Cato Institute and the Goldwater Institute. His book The Structure of Liberty won the Ralph Gregory Elliot Book Award in 1998. Northwestern University is a prestigious private, coeducational, non-sectarian research university, located in Evanston and Chicago, Illinois. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... The prosecutors is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... Nickname: The Windy City, The Second City, Chi Town, City of the Big Shoulders, The 312, The City that Works, Second City (reference to when Chicago was second in population and prestige to New York). ... The Chicago-Kent College of Law is part of the Illinois Institute of Technology. ... State Street Village, S.R. Crown Hall, Armour Main Building Illinois Institute of Technology (IIT) is a private Ph. ... For the unrelated Jesuit university in Chestnut Hill, see Boston College. ... The Federalist Society logo, depicting James Madisons silhouette The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, began at Yale Law School, Harvard Law School, and the University of Chicago Law School in 1982 as a student organization that challenged the perceived... The schools original sign, preserved on the north quad of the present-day campus. ... The Cato Institute is a libertarian think tank headquartered in Washington, D.C. The Institutes stated mission is to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets, and peace by seeking greater involvement of the... The Goldwater Institute is a Phoenix, Arizona-based think tank established in 1988. ...

Contents

Jurisprudence

In The Structure of Liberty, Randy Barnett offers a libertarian theory of law and politics. Barnett calls his theory the liberal conception of justice, emphasizing the relationship between legal libertarianism and classical liberalism. Barnett argues that private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, is the only legal system that can provide adequate solutions to the problems of interest, power, and knowledge. The Structure of Liberty is a book by legal theorist Randy Barnett which offers a libertarian theory of law and politics. ... See also Libertarianism and Libertarian Party Libertarian,is a term for person who has made a conscious and principled commitment, evidenced by a statement or Pledge, to forswear violating others rights and usually living in voluntary communities: thus in law no longer subject to government supervision. ... Classical liberalism (also called laissez-faire liberalism[1]) is a term used: to label the philosophy developed by early liberals from the Age of Enlightenment until John Stuart Mill [2] to label the revived economic liberalism of the 20th century, seen in work by Friedrich Hayek[3] and Milton Friedman. ... Look up Market in Wiktionary, the free dictionary. ...


Barnett discusses theories of constitutional legitimacy and methods of constitutional interpretation in Restoring the Lost Constitution.


There have been several criticisms and reviews of Barnett's theory, including:

  • N. Stephen Kinsella, Knowledge, Calculation, Conflict, and Law, 2 Q.J. AUSTRIAN ECON.).
  • Richard Epstein, "The Libertarian Quartet", REASON, Jan. 1999 (avail. online at: http://reason.com/9901/bk.re.thelibertarian.shtml).
  • David N. Mayer, Book Review, The Structure of Liberty, 20 CATO J.).
  • Lawrence B. Solum, Book Review, The Structure of Liberty: Justice and the Rule of Law, 97 Mich. L. Rev.).
  • John K. Palchak & Stanley T. Leung, No State Required? A Critical Review of the Polycentric Legal Order, 38 GONZ. L. REV.).

Constitutional theory

Barnett has also done work on the theory of the United States Constitution, culminating in his book Restoring the Lost Constitution. He argues for an originalist theory of constitutional interpretation, and for constitutional construction based on a presumption of liberty. Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Restoring the Lost Constitution: The Presumption of Liberty is a book on the US constitution by Randy Barnett, where he outlines his theory of constitutional legitimacy, interpretation and construction. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... There are several theories as to how judges ought to interpret legal sources (legislation, case law and constitional provisions). ... Restoring the Lost Constitution: The Presumption of Liberty is a book on the US constitution by Randy Barnett, where he outlines his theory of constitutional legitimacy, interpretation and construction. ...


Barnett was also a lead lawyer for the plaintiffs in Gonzales v. Raich, which won a victory before the Ninth Circuit, ruling that federal action against legal marijuana patients violated the Commerce Clause. Barnett's side, however, lost when the Supreme Court ruled on June 6, 2005, that Congress had the power to prevent states from legalizing medical marijuana. Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Alaska District of Arizona Central, Eastern, Northern, and Southern Districts of California District of Guam District of Hawaii District of Idaho District of Montana... A Cannabis sativa plant The drug cannabis, also called marijuana, is produced from parts of the cannabis plant, primarily the cured flowers and gathered trichomes of the female plant. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Libertarian Party State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body... June 6 is the 157th day of the year in the Gregorian calendar (158th in leap years), with 208 days remaining // 1508 - Maximilian I, Holy Roman Emperor, is defeated in Friulia by Venetian forces; he is forced to sign a three-year truce and cede several territories to Venice 1513... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Cannabis sativa extract. ...


Barnett is also known for his work on the history and original meaning of the Second and Ninth Amendments to the United States Constitution. Barnett has advanced the view that the Second Amendment protects an individual right to bear arms, albeit one subject to federal regulation under Congress's power to organize the militia in Article I, Sec. 8 of the Constitution. The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares the necessity for a well regulated militia, and prohibits infringement of the right of the people to keep and bear arms. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


Ninth Amendment

Barnett is a leading proponent of the view that the Ninth Amendment's rights "retained by the people" should be vigorously enforced by the federal judiciary. In a 2006 article, Barnett wrote:[1] The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ...

The purpose of the Ninth Amendment was to ensure that all [enumerated and unenumerated] individual natural rights had the same stature and force after some of them were enumerated as they had before; and its existence argued against a latitudinarian interpretation of federal powers.

Regarding what stature and force natural rights had before some of them were enumerated, Barnett says that federal courts did not have authority to enforce such rights against the states. He wrote in the same 2006 article:

It was only with passage of the Fourteenth Amendment ... that the federal government obtained any jurisdiction to protect the unenumerated retained natural rights of the people from infringement by state governments.

A related issue is whether the original unamended Constitution gave federal courts authority to enforce unenumerated natural rights against congressional regulation of the federal district. Barnett has given different answers to this question. On the one hand, Professor Barnett has indicated that federal courts did have such authority, when he said that enumerated rights "had the same stature and force" in the district even before they were enumerated. On the other hand, Barnett has indicated that the case of Bolling v. Sharpe (dealing with integration of public schools in the District of Columbia) should perhaps be overturned, which suggests that federal courts did not have authority to enforce natural rights against congressional regulation of the federal district.[2] Bolling v. ...


The question of what constitutional rights citizens possessed in the federal district has ramifications for the meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. In 2003, Professor Barnett wrote:[3] This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ...

Just as the Fourteenth Amendment extended protection of the enumerated rights of the first eight amendments to violations by state governments, so too did it extend federal protection of the pre-existing unenumerated rights "retained by the people."

If no such federal constitutional protection of unenumerated rights existed in the federal district prior to the Fourteenth Amendment, then only enumerated rights may have been extended by the Fourteenth Amendment.


Contract theory

Barnett is also known for his work in contract theory. In that field he has advanced a distinctive theory of contract formation that emphasizes the intention to be bound as the key to contract law. He is also known for his work on the idea of a default rule, i.e. a rule of contract law that binds the parties if their contract does not cover the eventuality or condition that is the subject of the default rule. In legal theory, a default rule is a rule of law that can be superseded by a contract, trust, will, or other legally effective agreement. ...


Biographical Information

Barnett is married to Beth Barnett and they have one son and one daughter. His son Gary Barnett attends Georgetown University Law Center. His daughter Laura Barnett is currently living in Washington, D.C. and works for the Institute for Humane Studies. The schools original sign, preserved on the north quad of the present-day campus. ...


Footnotes

  1. ^ Randy Barnett, The Ninth Amendment: It Means What It Says, 85 Texas Law Review 1 (2006)
  2. ^ Legal Affairs Debate Club, Constitution in Exile? Cass Sunstein and Randy Barnett Debate. (May 4, 2005)
  3. ^ Randy Barnett, Proper Scope of the Police Power, 79 Notre Dame Law Review 429 (2004)

Bibliography

Books

Restoring the Lost Constitution: The Presumption of Liberty is a book on the US constitution by Randy Barnett, where he outlines his theory of constitutional legitimacy, interpretation and construction. ... The Structure of Liberty is a book by legal theorist Randy Barnett which offers a libertarian theory of law and politics. ...

Articles

  • Randy Barnett, "Justice Kennedy's Libertarian Revolution: Lawrence v. Texas" (Social Science Research Network 2003).
  • Randy Barnett, "Restitution: A New Paradigm of Criminal Justice" (Ethics 87, no. 4, July 1977).

See also

Libertarian theories of law build on libertarianism or classical liberalism. ... This article is becoming very long. ... Classical liberalism (also called laissez-faire liberalism[1]) is a term used: to label the philosophy developed by early liberals from the Age of Enlightenment until John Stuart Mill [2] to label the revived economic liberalism of the 20th century, seen in work by Friedrich Hayek[3] and Milton Friedman. ... Contract theory comprises many different theories and various interpretations of the various body of rules and subrules that define Contract Law. ... In legal theory, a default rule is a rule of law that can be superseded by a contract, trust, will, or other legally effective agreement. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Holding A Texas law prohibiting homosexual sodomy violated the privacy and liberty of adults, under the Due Process Clause of the Fourteenth Amendment, to engage in private intimate conduct. ... Lysander Spooner (January 19, 1808 – May 14, 1887) was an American individualist anarchist political philosopher, abolitionist, and legal theorist of the 19th century. ...

External links


  Results from FactBites:
 
Randy Barnett - Wikipedia, the free encyclopedia (695 words)
Randy E. Barnett is a lawyer, law professor at Boston University, and legal theorist in the United States, noted for his libertarian theory of law and his work on contract theory and constitutional law and theory.
Barnett initially taught at the Chicago-Kent College of Law of the Illinois Institute of Technology; he later became the Austin B. Fletcher Professor of Law at Boston University where he serves as the faculty adviser for the Federalist Society.
Barnett holds that private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, is the only legal system that would provide adequate solutions to the problems of interest, power, and knowledge.
Randy Barnett - definition of Randy Barnett in Encyclopedia (463 words)
Barnett initially taught at the Chicago-Kent College of Law of the Illinois Institute of Technology; he later became the Austin B. Fletcher Professor of Law at Boston University.
Barnett is noted for his work on constitutional law, contract theory and on libertarian theories of law.
Barnett is a leading proponent of the view that the "rights retained by the people" in the Ninth Amendment are judicially enforceable (thru the presumption of liberty).
  More results at FactBites »

 
 

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