[Palgrave Studies in Classical Liberalism] The Three Ps of Liberty (Pragmatism, Pluralism, and Polycentricity) ||

This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power. Acknowledgments Praise for The Three Ps of Liberty Contents 1: Introduction: Toward Pragmatism, Pluralism, and Polycentricity A Humanistic Approach Decentralization of Central Power to the Local Level Conclusion 2: Jefferson’s Laws of Nature, Newtonian Influence, and the Dual Valence of Jurisprudence and Science Unpacking Jefferson’s Natural Law Jefferson’s Natural Law versus Analytical Positivism Conclusion 3: Natural Law and Racist Jurisprudence in Early Virginia Introduction Science, Law, and the Black Body Miscegenation Laws Conclusion 4: Seasteading and Polycentric Law 5: Justice Holmes and Conservatism 6: Toward Pragmatic Conservatism 7: The Corrective Careers of Concurrences and Dissents A Brief History of the Opinion Form in the United States Concurrences and Dissents Are Constructive Concurrences and Dissents Enact the Meliorative Processes of the Common-Law System Judges Should Author Concurrences and Dissents, Whenever Possible, as a Service to the Profession 8: Justice Brandeis as Jeffersonian Jurist Brandeis and Libertarianism Implications and Effects of Classifying Brandeis as a Libertarian Conclusion 9: The Emersonian Natural Law of Justice Holmes Hoffheimer’s Disruption of the Settled Consensus on Holmes and Natural Law Detached Skepticism of Natural Law in “Natural Law” Emerson and Transcendental Natural Law Natural Law, Classification, and Unified or Universal Order The Common Law, Creative Destruction, and the Transmission of Influence over Generations Holmes’s Emersonian Pragmatic Natural Law Conclusion Index