Libertarianism and the Common Law

Authors

Allen Mendenhall, Troy University

Abstract

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns of human behavior.

Recommended Citation

Mendenhall, Allen (2023) "Libertarianism and the Common Law," Belmont Law Review: Vol. 11: Iss. 1, Article 4.
Available at: https://repository.belmont.edu/lawreview/vol11/iss1/4