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Freedom without law

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  • Harrison P Frye

    (Princeton University, USA)

Abstract

Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms.

Suggested Citation

  • Harrison P Frye, 2018. "Freedom without law," Politics, Philosophy & Economics, , vol. 17(3), pages 298-316, August.
    • Handle: RePEc:sae:pophec:v:17:y:2018:i:3:p:298-316
    DOI: 10.1177/1470594X17742746
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    References listed on IDEAS

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    1. Peter T. Leeson, 2009. "The Laws of Lawlessness," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 471-503, June.
    2. Bicchieri,Cristina, 2006. "The Grammar of Society," Cambridge Books, Cambridge University Press, number 9780521574907, July.
    3. Hayek, F. A., 2011. "The Constitution of Liberty," University of Chicago Press Economics Books, University of Chicago Press, number 9780226315379 edited by Hamowy, Ronald, December.
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