In conventional political debate—particularly in Washington, DC—“law” is understood as top-down legislation: rules consciously designed and imposed by central authorities. John Hasnas challenges this unspoken assumption, pointing to the Anglo-American common law, a decentralized, continually evolving system that produces order without conscious design or political control. In his important new book, Common Law Liberalism: A New Theory of the Libertarian Society, he offers a theory of liberalism that demonstrates that the common law can serve as an effective alternative to traditional politically created legislation. Hasnas’s thesis has implications ranging from modest (many government functions can be better supplied by the common law than by centralized legislation) to radical (if human beings do not need the state to make law, do they need the state at all?).

Please join us for a discussion of this provocative new book featuring the author and Professor David Schmidtz, director of the Social Philosophy and Policy Center at West Virginia University, moderated by Cato’s Gene Healy.