Common law liberalism : a new theory of the libertarian society / John Hasnas.

Format:

Book

Author/Creator:

Hasnas, John, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Common law.

Liberalism.

Natural law.

Anarchism.

Physical Description:

1 online resource (329 pages)

Edition:

First edition.

Place of Publication:

New York, NY : Oxford University Press, [2024]

Summary:

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.

Contents:

Cover

Half Title

Title Page

Copyright Page

Dedication

Contents

Preface

Introduction

I.

II.

III.

IV.

V.

Part I Questioning Assumptions

1 Whither Criminal Law?

I. An Initial Distinction

II. History

III. Psychology

IV. Philosophy

V. Conclusion

2 Market Failure, Regulation, and Invisible Gorillas

I. A Story About Market Failure and Invisible Gorillas

II. The Dual Nature of Anglo-American Law

III. The Market

IV. The Relationship Between Law and the Market Revisited

V. The Market Failure Argument Revisited

VI. The Market Failure Argument Revised

VII. The Comparative Assessment

VIII. Conclusion

3 Two Theories of Environmental Regulation

I. The Lessons of "The Tragedy of the Commons"

II. Lesson One Applied: Environmental Degradation and Pollution

III. Lesson Two Applied: Protecting the Environment Is a Public Policy Problem

IV. Lesson Three Applied: Two Theories of Environmental Regulation

Part II Applications

4 Empirical Natural Rights

I. The Natural Rights Tradition

II. An Alternative Conception of Natural Rights

III. Conclusion

5 Freedom of Speech and the Return of the Invisible Gorilla

I. Constitutional Common Sense

II. The Great Non Sequitur

III. A Comparative Assessment

IV. Conclusion

Part III Anarchy

6 The Law of Anarchy

I. Four Types of Law

II. Political Vs. Nonpolitical Law

III. The Incompatibility of Political Law With the Rule of Law

IV. Nonpolitical Law and the Rule of Law

V. The Law of Anarchy

Afterword

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

I. Definitions and Distinctions

II. The Challenges Facing a "Natural Duty" Argument

III. An Epistemic Argument for the Duty to Obey the Law

IV. Definitional Requirements

V. Meeting the Challenges.

VII. Conclusion

8 The Obviousness of Anarchy

I. Defining Terms and Limitations

II. The Question

III. The Answer

Appendix

Guide to Legal Terminology

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (viewed on May 21, 2024).

ISBN:

0-19-778463-1

0-19-778461-5

OCLC:

1434591088