Matthew W. Lunder is trial attorney at the United States Department of Justice.
Description
Contents Prologue Part I: The Common-Law Tradition 1A Bulwark Against Arbitrary Legislation 2Liberty and Economic Ideology 3 Philosophy, Incorporation, and Natural Law 4A Reasonable and Sensitive Judgment 5A Zone of Substantive Rights Part II: Fundamental Rights and Modern Conservatism 6Procedural and Substantive Due Process 7Deeply Rooted in History and Tradition 8A Different Description of Fundamental Liberties 9The Inquiry Thus Reduces Part III: The Modern Justification for Arbitrariness Review 10The Dimension of Personal Liberty 11The Guideposts of History, Tradition, and Practice 12The Tradition Is A Living Thing Part IV: A More Transcendent Liberty 13Certain Actions Are Prohibited 14A Prudential Exercise Of The Judicial Power 15What Freedom Must Become Epilogue
Reviews
The Concept of Ordered Liberty offers a comprehensive and close reading of the leading opinions in the development of substantive due process doctrine during its formative period in American law. Using the words of the justices themselves, the book highlights critical turning points in the jurisprudence of our most controversial social issues. -- Anthony Johnstone, University of Montana