Common Law Liberalism

Auteur
John Hasnas is Professor of Ethics at Georgetown University's McDonough School of Business, Professor of Law (by courtesy) at Georgetown Law Center, and the Executive Director of the Georgetown Institute for the Study of Markets and Ethics. He received his BA in Philosophy from Lafayette College, his JD and PhD in Legal Philosophy from Duke University, and his LLM in Legal Education from Temple Law School.

Texte du rabat

In conventional political philosophy, law is understood as consciously created rules that are a necessary mechanism for curtailing the excesses of the free market. John Hasnas challenges this view, offering a new theory that presents common law as an effective alternative to traditional politically created legislation. Common Law Liberalism demonstrates that the common law can provide all rules necessary to sustain a peaceful, prosperous, liberal society--without intervention by politically created legislation and the exploitation and oppression it so often engenders.

Contenu

• Introduction

• Part I Questioning Assumptions

• Chapter 1: Whither Criminal Law?

• Chapter 2: Market Failure, Regulation, and Invisible Gorillas

• Chapter 3: Two Theories of Environmental Regulation

• Part II Applications

• Chapter 4: Empirical Natural Rights

• Chapter 5: Freedom of Speech and the Return of the Invisible Gorilla

• Part III Anarchy

• Chapter 6: The Law of Anarchy

• Chapter 7: Can an Anarchist Have a Moral Duty to Obey the Law?

• Chapter 8: The Obviousness of Anarchy