Cato Daily Podcast Common Law Liberalism: A New Theory of the Libertarian Society
Jan 2, 2025
John Hasnas, an author and Georgetown University professor, dives into the merits of common law over legislative law. He emphasizes how common law emerges from case resolution, enhancing societal harmony without legislative interference. Hasnas discusses the evolution of legal norms through dispute resolution, connecting it to Friedrich Hayek's ideas. He advocates for common law's adaptability in shaping public policy, showcasing its effectiveness in addressing modern challenges and supporting a framework for minimal government intervention.
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Common Law vs. Legislation
- Common law, unlike legislation, evolves gradually from resolving real disputes, forming the basis of contract, tort, and property law.
- It relies on practical solutions and adapts to societal needs over time, rather than prospective rule-making.
Origins of Common Law
- Common law isn't based on pre-existing shared values but emerges from dispute resolution by juries based on fairness.
- Repeated decisions establish shared legal concepts, teaching peaceful coexistence through practical experience.
Hayekian Nature of Common Law
- Common law resembles Hayek's spontaneous order, arising from repeated interactions and dispute settlements, not central planning.
- It acknowledges human limitations in predicting societal needs, promoting adaptable solutions.