Ordered Liberty: Rights, Responsibilities, and Virtues

384 Pages·2013·1.913 MB·English

by  James E. Fleming, Linda C. McClain

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