Randy Barnett - Jurisprudence

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.

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 Quarterly Journal of Austrian Economics. 49 (1999).
• Richard Epstein, "The Libertarian Quartet", Reason Magazine, Jan. 1999.
• David N. Mayer, Book Review, The Structure of Liberty, 20 Cato Journal. 279 (2000).
• Lawrence B. Solum, Book Review, The Structure of Liberty: Justice and the Rule of Law, 97 Mich. L. Rev. 1780 (1999)
• John K. Palchak & Stanley T. Leung, No State Required? A Critical Review of the Polycentric Legal Order, 38 GONZ. L. REV. 289 (2002)