Freedom and Law
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"Liberty and Law" is the major work of the eminent Italian jurist and public figure Bruno Leoni, published in 1961.
In this book, the author argues that the main obstacle to the implementation of the principle of the rule of law is excessive legislation. Based on a review of Roman law, the author shows that, according to the ancient Romans, law was a process of discovery, and not a set of officially accepted orders. That is, historically and traditionally, "law" was seen as something discovered by judges and lawyers, and not identified with what groups of legislators create and vote for. It is what private litigants use to settle disagreements and conflicts with each other, and not the will of the state or certain groups of people, forcibly imposed on the rest of society. The author demonstrates close parallels between the market and common law, on the one hand, and socialism and legislation, on the other.
The second book in this volume is Law and Politics, a series of lectures given by the author in the 1960s in which he explores the ideas of the then emerging public choice school, represented by Duncan Black, James Buchanan, and Gordon Tullock.
In this book, the author argues that the main obstacle to the implementation of the principle of the rule of law is excessive legislation. Based on a review of Roman law, the author shows that, according to the ancient Romans, law was a process of discovery, and not a set of officially accepted orders. That is, historically and traditionally, "law" was seen as something discovered by judges and lawyers, and not identified with what groups of legislators create and vote for. It is what private litigants use to settle disagreements and conflicts with each other, and not the will of the state or certain groups of people, forcibly imposed on the rest of society. The author demonstrates close parallels between the market and common law, on the one hand, and socialism and legislation, on the other.
The second book in this volume is Law and Politics, a series of lectures given by the author in the 1960s in which he explores the ideas of the then emerging public choice school, represented by Duncan Black, James Buchanan, and Gordon Tullock.
See also:
- All books by the publisher
- All books by the author
- All books in the series Right