How much do you know about Bruno Leoni? Friedrich Hayek praised Bruno Leoni for shaping his views on rules and regulations. James Buchanan said that Leoni identified the problems that led him to do his job in public selection. How is it possible that so few of us know about the renegade Italian political philosopher? But it seems we are not talking about Bruno…
EconTalk fan favorite Mike Munger and host Russ Roberts set out to change this in their latest interview about Leoni. Munger begins by recounting Leoni’s eventful, “busy” life. A political philosopher, Leoni taught a post-war course called “The Doctrine of the State,” which Munger described as very similar to the doctrine of freedom and law. Indeed Munger believes that it was a “signpost” on the way to both Austrian economics and social choice.
Leoni shared the lecture stage with Hayek and Friedman (this was indeed his origin Freedom and Law). He was an early and active member of the Mont Pelerin Society, and was elected its second president shortly before his death. Despite his early death, Leoni had a significant influence on three different areas of what we now think of as mainstream classical liberal scholarship- 1. Hayek’s distinction between law and law, 2. James Buchanan’s identification of problems with political consent and political authority, and 3. law and the economic movement.
Let’s turn to Leoni’s legacy, and FIRST talk about him. After listening to the episode, we encourage you to ponder the questions below, and even more so to take the time to share your answers in the comments.
1- Munger tells us that FA Hayek attributed his famous distinction between law and law to Leoni. What is this difference, and how does Munger explain the difference in Hayek’s and Leoni’s conceptions? Is living in a country with more rules (related to the law) to be desired? Why or why not? (And lest we provoke Munger’s wrath, what role do transaction costs play in your answer?)
2- What three elements does Munger describe as constituting Leoni’s view of the rule of law? Why does Munger say in Leoni’s ideal program, “If the program works well, they exist.” there are no cases are they coming before the judge?”
3- How does Leoni’s view of the rule of law differ from the one described by Roberts (~44 minutes)? What is the role of culture or role model in Leoni’s story, and how adequate do you find this role to be?
4- What are the problems [written] the law as Roberts recounts? How much do you see Leoni’s theory, as narrated by Munger, as correcting these problems? Why, under Leoni’s system, judges did not have to be trained in law or worry about precedent?
5- Roberts and Munger close with a universal discussion, one of the signs of the rule of law in Leoni. They recognize the “Golden Rule” as one of its most common iterations. What problem with this repetition according to Munger? (Qhakazile: He says so not do to others like you they would have done it to you., and it’s the part that Hayek left out.)
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