Law

Had Republicans not vastly expanded federal criminal law during the infamous Wall Street prosecutions 40 years ago, lawfare would not have become such a potent political weapon.

As Joseph Schumpeter noted, markets need “creative destruction” to survive and advance. However, Europe‘s Digital Market Act (DMA)—while written to ostensibly protect competition—gives the digital economy uncreative destruction.

One sign of a fraying society is that its laws increasingly become political tools. The latest round involves Democrats trying to use criminal law in a very questionable way to try to put Donald Trump in prison, while Trump promises to retaliate if he is elected.

Legal philosopher Jeremy Waldron in his book The Rule of Law and the Measure of Property challenges the Lockean view of legitimate property ownership. David Gordon sheds light on Waldron's confusing positions.

Modern progressives are obsessed with collective guilt, demanding that Americans pay reparations for slavery even though it ended in the US 160 years ago. However, by employing collective guilt and collective punishment, those seeking reparations violate natural law.

Supporters of intellectual property laws claim that people will not innovate unless they are protected by such legislation. In reality, people are more likely to be innovative when they encounter real free markets, not markets characterized by artificial scarcity.

With Kamala Harris announcing she is open to imposing “reparations for slavery” if elected president, it is time to take a hard look at the injustice that would be part of this scheme. There is no way to fashion a just outcome out of it.

In areas prone to hurricanes and flooding, homeowners are forced to purchase insurance to comply with local building codes, mortgage requirements, and zoning regulations.

John Hasnas has written a new book outlining how societies operate with mutual cooperation and common law. According to David Gordon, it is a major contribution to libertarian social thought.