3min chapter

Free Thoughts cover image

Understanding Common Law (with John Hasnas)

Free Thoughts

CHAPTER

The Difference Between Common Law and Legislation

The common law is just as retrospective or prospective as anything else. Legislation's not pro active, it reacts to a harm done and then that rule functions prospectively from then on in. The idea that people who get voted into office on the basis of ideological concerns are going to know better what works requires faith and imagination i probably don't have.

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