The first part of Sunstein’s argument is undeniably correct: law is indeed necessary for order, freedom, and prosperity. But he’s factually incorrect that government is the exclusive source of law. Indeed, I would argue that government is not even the chief source of law, nor a particularly good source of law.
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Over the centuries, this fractured sovereignty (although giving way somewhat to greater centralization of power in the 16th and 17th centuries) – this competitive struggle among different sources of law – produced a complex law that is the product of no sovereign. Instead, it is truly and very largely the product of spontaneous order. It is the result of human action but not of sovereign design. It evolved; it was not created.
Tuesday, June 21, 2005
Don Boudreaux offers important comments concerning The Second Bill of Rights by Cass Sunstein: