Principles For A Free Society

One of the country's leading libertarian scholars sets forth the essential principles for a legal order that, in an age of limited government, balances individual liberty against the common good. Richard Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago and author of a number of books.

Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.

One of the great political writers of our time offers a manifesto for global free speech in the digital age Never in human history was there such a chance for freedom of expression. If we have Internet access, any one of us can publish almost anything we like and potentially reach an audience of millions. Never was there a time when the evils of unlimited speech flowed so easily across frontiers: violent intimidation, gross violations of privacy, tidal waves of abuse. A pastor burns a Koran in Florida and UN officials die in Afghanistan. Drawing on a lifetime of writing about dictatorships and dissidents, Timothy Garton Ash argues that in this connected world that he calls cosmopolis, the way to combine freedom and diversity is to have more but also better free speech. Across all cultural divides we must strive to agree on how we disagree. He draws on a thirteen-language global online project--freespeechdebate.com--conducted out of Oxford University and devoted to doing just that. With vivid examples, from his personal experience of China's Orwellian censorship apparatus to the controversy around Charlie Hebdo to a very English court case involving food writer Nigella Lawson, he proposes a framework for civilized conflict in a world where we are all becoming neighbors.

Essay Collection covering the point where software, law and social justice meet.