Classical Liberal Criminal Law
本文为纪念理查德·爱泼斯坦的文集而作，主张用古典自由主义原则审视刑事领域的政府权力，并指出该原则在第八修正案比例审查中能产生比许多常见自由主义宪法理论更进步的结果。
This essay, written for a Festschrift for Richard Epstein, argues that the classical liberal principles he outlined provide a valuable frame for viewing government power in criminal matters that we would do well to use more often as a guide. Applying these principles in the criminal law context shows that they can produce outcomes that are more progressive than the output of many other constitutional theories more commonly associated with liberal thinking. The essay pays particular close attention to proportionality review under the Eighth Amendment.