Freedom and the Law [Hardcover]

Bruno Leoni (Author)

Book Description

Publication Date: October 1, 1991

Those who value individual freedom should reassess the place of the individual within the legal system as a whole. It is no longer a question of defending this or that particular freedom. . . . It is a question of deciding whether individual freedom is compatible in principle with the present system centered on . . . legislation.

—Bruno Leoni, from the introduction

The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government. The result is an unwieldy surfeit of laws and regulations that by their sheer volume stifle individual freedom.

Bruno Leoni (1913–1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.

Arthur Kemp is Professor Emeritus of Economics, at Claremont McKenna College.

Editorial Reviews

About the Author

Bruno Leoni (1913-1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.

Product Details

• Reading level: Ages 18 and up
  
• Hardcover: 274 pages
• Publisher: Liberty Fund; 3 Exp Sub edition (October 1, 1991)
• Language: English
• ISBN-10: 0865970963
• ISBN-13: 978-0865970960
• Product Dimensions: 9.1 x 5.9 x 0.9 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 3.5 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #1,617,283 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

24 of 25 people found the following review helpful:

4.0 out of 5 stars What is law? Don't answer until you've read this., July 12, 2003

By 

Jacob H. Huebert (Ohio, United States) - See all my reviews
(REAL NAME)   

This review is from: Freedom and the Law (Paperback)

Historically and traditionally, "law" was considered to be something that lawyers and judges "discovered," rather than something a group of legislators made up and voted on. The law was something that private parties used to settle disputes among themselves, not something that the state, or some groups in society, used to force their will upon others.

_Freedom and the Law_ explores this distinction, between the old idea of law and what people today call law, which is really legislation. Leoni persuasively argues for a return to the imperfect but vastly superior Roman law, or the English common law, as a means of restoring the individual liberty that the state has been destroying in modern times.

It is a challenging book, and perhaps best suited for those with a strong background in history, law, and/or economics. I first attempted to read it when I was younger, and stalled after the first chapter or two. Coming back to it with more education and understanding, I've found a lot to appreciate.

Incidentally, this volume actually contains two books: _Freedom and the Law_ and _The Law and Politics_. The latter is a relatively short collection of lectures from the 1960's, but will be of particular interest to anyone who's studied public choice economics, as Leoni examines the then-new ideas of Duncan Black, James Buchanan, and Gordon Tullock.

4 of 10 people found the following review helpful:

3.0 out of 5 stars Read Murray Rothbard's review, January 3, 2009

By 

Jimi1964 "J.T." (Nashville, TN United States) - See all my reviews

This review is from: Freedom and the Law (Paperback)

I believe the best review of this book may be found by Murray Rothbard at [..]. The review is entitled "Does Law Require Legislation?" and goes into greater detail than the two reviews posted so far. I have not read the book yet myself so I am giving it the sort of rating I think Murray Rothbard might have given it. This is my first attempt at a review so I hope I have not violated any rules or standards set forth by Amazon.com.