We Americans have long grappled with a basic legal and philosophical problem: how to reconcile the fundamental right of individuals to live full and independent lives with the right of society to limit those freedoms in the interest of the general health and welfare. What makes this balancing act so complicated is that both concepts — personal liberty and community benefit — represent invaluable virtues. This is not a question of Good versus Evil. It’s a question of how to preserve and protect both interests, especially when they come into conflict. The goal of this reconciliation process has often been described as “ordered liberty,” a phrase that pays respect to both virtues. As legal hist
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