This is a lecture event held at the London School of Economics featuring a new book titled Common Law Liberalism by Prof. John Hasnas.
Description:
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 defense 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.Hasnas argues that there are options beyond the unregulated market or a market regulated by consciously created government law. Instead, he suggests, law can arise through a process of unplanned evolution in which those subject to law are bound, but not by the will of any identifiable human beings. Anglo-American common law, which evolved without a guiding human intelligence, showcases this. Over the centuries of its development, the common law process created the rules of contract, property, tort, and commercial law that define key aspects of liberal society. Common law's decentralized and continually evolving nature renders it resistant to political rent-seeking and responsive to changing economic and social conditions—allowing it to adapt to the needs of those it serves to protect, rather than to the desires of a powerful few.Hasnas suggests that while the enforcement of law may involve coercion, law in and of itself is not destined to be a vehicle for domination. Common Law Liberalism demonstrates that the common law can provide all rules necessary to sustain a peaceful, prosperous, liberal society—without intervention by politically created legislation and the exploitation and oppression it so often engenders.
Details:
Hong Kong Theatre, London School of Economics
6.30-8pm
About the speaker:
John Hasnas is a professor of law (by courtesy) at Georgetown University Law Center, a professor of business at Georgetown’s McDonough School of Business, and the executive director of the Georgetown Institute for the Study of Markets and Ethics. Professor Hasnas has held previous appointments as associate professor of law at George Mason University School of Law, visiting associate professor of law at Duke University School of Law and the Washington College of Law at American University, and Law and Humanities Fellow at Temple University School of Law. Professor Hasnas has also been a visiting scholar at the Kennedy Institute of Ethics in Washington, DC and the Social Philosophy and Policy Center in Bowling Green, Ohio. He received his B.A. in Philosophy from Lafayette College, his J.D. and Ph.D. in Legal Philosophy from Duke University, and his LL.M. in Legal Education from Temple Law School. His scholarship concerns ethics and white collar crime, jurisprudence, and legal history.
