11 Harv. J. L. & Pub. Pol'y 713 (1988)
Freedom and the Law: A Comment on Professor Aranson's Article

handle is hein.journals/hjlpp11 and id is 733 raw text is: COMMENT
FREEDOM AND THE LA W: A COMMENT ON
PROFESSOR ARANSON'S ARTICLE
LEONARD P. LIGGIO*
TOM G. PALMER**
Analysis of Bruno Leoni's work is integral for an understand-
ing of recent developments in jurisprudence, especially in law
and economics. Professor Leoni's work is one of the fountain-
heads of this movement. Legal scholars of today should refresh
themselves from the source, for Professor Leoni did far more
than merely anticipate later developments; he offered cogent
reasons for the incompatibility of legislation with the very free
market preferred by exponents of the law and economics
movement. Professor Leoni's deep knowledge ofjurisprudence
and of legal, political, and economic history informed his work,
and offers insights into the proper relationship between law,
legislation, and liberty.
In his contribution to this volume Professor Aranson offers a
provocative and helpful reintroduction to Professor Leoni's
scholarship in light of its continuation by other law and eco-
nomics scholars. This essay intends to complement Professor
Aranson's work by illuminating and emphasizing the impor-
tance of certain central features of Professor Leoni's thought.
Two topics are particularly relevant to a proper understanding
of Professor Leoni's work. First, we shall recapitulate and apply
Professor Leoni's arguments about the importance of an un-
derstanding of economics for legal scholars, including his
warnings about the incompatibility of the free market economy
with legislation. Second, an examination of his view of legal
evolution reveals a concept of law and its role in society differ-
ent from that offered by advocates of legislation. In this com-
ment, we show the interrelationships between Professor Leoni
and the current law and economics movement, and his impact
on that movement.
* President, Institute for Humane Studies at George Mason University.
** Editor, Humane Studies Review, Institute for Humane Studies at George Mason
University.

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