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Freedom and the Law  
Author Bruno Leoni
Country Italy
Language Italian, English
Subject(s) Politics, Law, Philosophy
Publication date 1961

Freedom and the Law is the most important book written by Italian jurist and philosopher Bruno Leoni. It was first published in 1961 and the 3rd edition is now made widely available through the Internet by the Online Library of Liberty [1], with permission of the George Mason University.

In this book, Leoni contended that the greatest obstacle to the Rule of Law is the problem of overlegislation. Leoni also pointed to a parallelism between the market and common law on the one hand, and socialism and legislation on the other.

Through a review of Roman doctrine and jurisprudence, Leoni shows that the Romans thought of Law as a process of discovery instead as of a set of enacted orders, and that the popular confusion between law and legislation is contemporary to our era and the advent of socialism.

Table of contents

Freedom and the Law

Chapter 1.: Which Freedom?
Chapter 2.: "freedom" and "constraint"
Chapter 3.: Freedom and the Rule of Law
Chapter 4.: Freedom and the Certainty of the Law
Chapter 5.: Freedom and Legislation
Chapter 6.: Freedom and Representation
Chapter 7.: Freedom and the Common Will
Chapter 8.: Some Difficulties Analyzed

The Law and Politics

Chapter 1.: The Law As Individual Claim
Chapter 2.: Law and Economy In the Making
Chapter 3.: The Economic Approach to the Political
Chapter 4.: Voting Versus the Market

See also

Philosophy of law
History of law


Freedom and the Law


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