Common Law Liberalism: The Case Against Government Made Rules | John Hasnas Inspire Us podcast S8EP3

Description

John Hasnas is a Law Professor at Georgetown University Law Center and the McDonough School of Business, and the author of Common Law Liberalism, a bold and original contribution to political and legal philosophy that challenges how we think about law, order, and the role of government in society. This episode is a full breakdown of common law, what it is, where it came from, and why it may be the most important legal system most people have never thought about. John Hasnas makes the case that society has always been capable of regulating itself, and that the invisible framework of common law has been doing the heavy lifting all along while government legislation gets all the credit. Find his book Common Law Liberalism on Amazon: https://amzn.eu/d/0fRXnDiz Subscribe to Youtube: www.youtube.com/@InspireUsPodcast Listen on Spotify: https://open.spotify.com/show/4WAeOo2e2Xf6qOFD1ZagXF?si=c9aeead4dc6847f9 Apple Podcast: https://podcasts.apple.com/us/podcast/inspire-us-podcast/id1732848248 Follow us on social media: X: https://x.com/InspireUsPod Instagram: https://www.instagram.com/inspireuspodcast/ TikTok: https://www.tiktok.com/@inspireuspodcast Chapters: 00:00 Introduction: What Is Common Law Liberalism 01:48 Human Action Not Human Design: The Core Principle 04:24 The Perfect Referee: Why Common Law Goes Unnoticed 05:04 Tort Law Explained: Battery, Assault and the Origin of the Rules 09:01 How Common Law Evolves With Society 10:14 How John Hasnas Discovered Common Law 13:17 No Harm No Plaintiff: Why Common Law Produces a Liberal Society 14:41 How Liberal Governments Decay Into Oppression 18:00 Is Common Law Optimal? The Utopia Argument 19:55 We Are Not Smart Enough to Make the Rules: The Hayek Argument 21:30 Common Law as Trial and Error: The Domino's Pizza Analogy 29:08 Climate Change and When Government Action Is Justified 31:09 Can Common Law Handle AI and New Technology 37:14 Can Judges Be Politically Captured 39:03 Westminster Hall and the History of Competing Courts 44:25 The Invisible Gorilla: We Can