In A Consequentialist Defense of Libertarianism, Richard Fumerton argues that empirical facts concerning consequences must always play a crucial role in a plausible defense of freedom. After making distinctions between morality and law, he defends the view that it is a fundamental mistake to think that the law should always, or even usually, attempt to mirror morality. With this framework in place, Fumerton addresses various controversial questions concerning when the law ought to side with freedom. He offers a nuanced defense of several positions shared by many "moderate" libertarians.

This consequentialist defense of freedom offers a fresh perspective on some very old philosophical debates. As more people become frustrated with a perceived lack of principled attempts by established political parties to appreciate important concerns people have involving their desire for freedom, the issues discussed in this book are particularly timely.

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In this wide-ranging study of political theory, ethics, and public policy, Fumerton attempts to incorporate consequentialism and libertarianism. The definition of libertarianism in this volume is indeed "flexible" (p. 197), especially when compared to the traditional view of libertarianism as advocating for constraining and diffusing power. The problem with libertarianism, and the need for interweaving libertarianism with consequentialism, results from the prevailing "'rights-based' conception of rationality and morality" (p. x) found in contemporary libertarian theory. If libertarianism can incorporate some critical elements of consequentialism, namely, certain "constraints" (p. xi) on what can be achieved in the social and political realms, the faulty and impractical limitations of libertarianism can be overcome. Guided by an imaginative reassessment of John Stuart Mill and consequentialism, the author suggests that new policy approaches to the issues of free expression, social life, and economics can replace the "confusing distraction" of debates over rights (p. 15)… [T]he "appeal for more humility when it comes to the political positions one takes on controversial issues concerning freedom" (p. 13) constitutes an enduring scholarly achievement. Recommended. Advanced undergraduates through faculty.