000 02390cam a2200301 i 4500
001 23645318
005 20250320182340.0
008 240417s2024 nyua b 001 0 eng
010 _a 2024013873
020 _a9780197784600
_q(hardback)
020 _z9780197784624
_q(epub)
040 _aDLC
_beng
_erda
_cDLC
042 _apcc
050 0 0 _aK588
_b.H37 2024
082 0 0 _a340.5
_223/eng/20240505
100 1 _aHasnas, John,
_eauthor.
245 1 0 _aCommon law liberalism :
_ba new theory of the libertarian society /
_cJohn Hasnas.
264 1 _aNew York :
_bOxford University Press,
_c[2024]
300 _ax, 316 pages :
_billustrations ;
_c22 cm.
336 _atext
_btxt
_2rdacontent
365 _bRs. 8154.00
504 _aIncludes bibliographical references and index.
505 0 _aWhither criminal law? -- Market failure, regulation, and invisible gorillas -- Two theories of environmental regulation -- Empirical natural rights -- Freedom of speech and the return of invisible gorilla -- The law of anarchy -- Can an anarchist have a moral duty to obey the law? -- The obviousness of anarchy.
520 _a"It is commonly assumed that the state must provide the law necessary to maintain a peaceful and orderly society, to regulate the market, and to protect the environment. In this part of the book, I argue that these assumptions derive from a false dilemma-from the belief that the only options are legal regulation by the state and no regulation. This overlooks a third option-the regulation of human behavior by binding rules that emerge from human interaction; most importantly, by common law civil liability. I argue that the recognition of this third possibility implies that a proper analysis requires a comparative assessment of the effectiveness of state-created law and emergent law. Chapter 1 offers such an assessment of the criminal law and tort law as mechanisms for reducing violence sufficiently to allow human cooperation and prosperity. Chapter 2 offers a comparative assessment of legislation and common law as mechanisms for ensuring that market exchanges do not impose costly, unconsented to harm of third parties. And Chapter 3 offers a similar assessment of legislation and common law as mechanisms for preventing environmental degradation"--
_cProvided by publisher.
650 0 _aCommon law.
650 0 _aLiberalism.
942 _2ddc
_cBK
999 _c213415
_d213415