Common law: a better foundation for Liberalism
Update: 2025-12-09
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Contributor(s): Professor John Hasnas | In conventional political philosophy, law is understood as consciously created rules that are a necessary mechanism for regulating the excesses of the free market. Although coercive in nature, law is seen as a necessary defence against anarchy. But is the situation that simple?
In his examination of the purpose and functioning of the legal system, John Hasnas challenges this false dichotomy, presenting a new theory of liberalism that demonstrates that the common law can serve as an effective alternative to traditional politically created legislation.
In his examination of the purpose and functioning of the legal system, John Hasnas challenges this false dichotomy, presenting a new theory of liberalism that demonstrates that the common law can serve as an effective alternative to traditional politically created legislation.
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