I had intended to respond to Richard Epstein’ reply to my comment on his speech (got that?) in Reason when I had the time. I still hope to do so in the future, but I appreciate and wholly endorse Sasha’s defense of my so-called “utopianism”–a charge I found bizarre given what I said about the issue, which he quotes below. In addition to Sasha’s, there is a very thoughtful defense of David Friedman and me from the charge of utopianism by Misha Ghertner on Catallarchy.net called Utopia is Not an Option. I must say I am somewhat amazed at the intensity of reaction to our Reason exchange.
Overlooked in all this critical reaction is the fact that proponents of liberty are constantly asked about hypothetical end states. (“So if you’re for liberty, then how would you provide X?” or “If you’re for liberty, does that mean you would allow Y behavior?”) For that matter, so too is anyone who presents a radical challenge to the status quo. Therefore, they need to have thought about these questions, even if they do not believe these end states will ever come about. But most scholars who are libertarian spend the overwhelming proportion of their time thinking and writing about more day-to-day concerns. A law professor like me might write about whether the application of the Controlled Substance Act to persons who grow cannabis to alleviate their suffering exceeds the power of Congress under the Commerce Clause. An economist like David might analyze whether the government should use coercion to break up Microsoft, or stop United from merging with USAIR. Stuff like this.
PS: Given my proclivity for self-citation, I would never have said “look it’s Halley’s Comet!” I am far more likely to have said, “Look at Chapters 12, 13 & 14 of The Structure of Liberty: Justice and the Rule of Law in which I explain what a polycentric legal order is and how it might work in practice.
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