Table of Contents

Contents

Prologue

Part I: The Common-Law Tradition

1A Bulwark Against Arbitrary Legislation

2Liberty and Economic Ideology

3 Philosophy, Incorporation, and Natural Law

4A Reasonable and Sensitive Judgment

5A Zone of Substantive Rights

Part II: Fundamental Rights and Modern Conservatism

6Procedural and Substantive Due Process

7Deeply Rooted in History and Tradition

8A Different Description of Fundamental Liberties

9The Inquiry Thus Reduces

Part III: The Modern Justification for Arbitrariness Review

10The Dimension of Personal Liberty

11The Guideposts of History, Tradition, and Practice

12The Tradition Is A Living Thing

Part IV: A More Transcendent Liberty

13Certain Actions Are Prohibited

14A Prudential Exercise Of The Judicial Power

15What Freedom Must Become

Epilogue

About the Author

Matthew W. Lunder is a trial attorney at the United States Department of Justice.

Reviews

The Concept of Ordered Liberty offers a comprehensive and close reading of the leading opinions in the development of substantive due process doctrine during its formative period in American law. Using the words of the justices themselves, the book highlights critical turning points in the jurisprudence of our most controversial social issues.
*Anthony Johnstone, University of Montana*