![]() ![]() ![]() “No rights without responsibilities,” a slogan of Third Way thought, encapsulates this perceived imbalance.1 Similarly, President Barack Obama in his inaugural address called for a “new era of responsibility.”2 Liberal theories of rights, critics argue, exalt rights over responsibilities, licensing irresponsible conduct and spawning frivolous assertions of rights at the expense of encouraging personal responsibility and responsibility to community. 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 |ivil 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 Acknowledgments Index 275 345 349 Or de r e d Libe rt y chapter one Rights, Responsibilities, and Virtues I n recent years, communitarian, civic republican, and progressive thinkers and politicians have argued that our constitutional system takes individual rights too seriously, to the neglect of responsibilities, virtues, and the common good. Includes bibliographical references and index. Ordered liberty : rights, responsibilities, and virtues / James E. 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. Or de r e d Libe rt y Ordered Liberty Rights, Responsibilities, and Virtues James E.
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