Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.

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"Richard Epstein has a unique ability to develop a coherent political and economic philosophy within an informed survey of the particulars of judicial interpretation. For those of us outside the legal academy, this book offers a valuable learning experience."--James M. Buchanan, Nobel Laureate in Economics

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