Ordered Liberty: Rights, Responsibilities, and Virtues PDF
Preview Ordered Liberty: Rights, Responsibilities, and Virtues
ORDERED LIBERTY Rights, Responsibilities, and Virtues JAMES E. FLEMING and LINDA C. McCLAIN Ordered Liberty Ordered Liberty Rights, Responsibilities, and Virtues James E. Fleming and Linda C. McClain Harvard University Press Cambridge, Massachusetts, and London, England 2013 Copyright © 2013 by the President and Fellows of Harvard College All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Data Fleming, James E. Ordered liberty : rights, responsibilities, and virtues / James E. Fleming and Linda C. McClain. p. cm. Includes bibliographical references and index. ISBN 978-0-674-05910-8 1. Civil rights—United States. 2. Constitutional law—United States. 3. Civics. 4. Civil society—United States. 5. Cultural pluralism—United States. 6. Liberalism—United States. I. McClain, Linda C. II. Title. KF4749.F55 2013 320.01'1—dc23 2012014823 For Our Family “That ill deserves the name of confinement which hedges us in only from bogs and precipices. . . . The end of law is not to abolish or restrain, but to preserve and enlarge freedom: . . . where there is no law, there is no freedom.” —john locke, Second Treatise of Government Contents 1 Rights, Responsibilities, and Virtues 1 2 Rights and Irresponsibility 18 3 Taking Responsibilities as well as Rights Seriously 50 4 Civil Society’s Role in Cultivating the “Seedbeds of Virtue” 81 5 Government’s Role in Promoting Civic Virtues 112 6 Conflicts between Liberty and Equality 146 7 Autonomy versus Moral Goods 177 8 Minimalism versus Perfectionism 207 9 The Myth of Strict Scrutiny for Fundamental Rights 237 Epilogue: Pursuing Ordered Liberty 273 Notes 275 Acknowledgments 345 Index 349
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