A few brief thoughts I may return to later, time and study
permitting.
One of the many wonderful things about our modern life is
how quickly and easily accessible things are which would have been either
inaccessible or time-consuming to access just a few brief years ago. I recently stumbled upon a couple of Richard
Epstein talks recorded on youtube. They virtually
allow one to attend those talks from the past – from any time and place. How remarkable, if you pause for a moment to
not take the development for granted.
This one here, in particular, is well worth watching: https://www.youtube.com/watch?v=R_ge4tYI8Vk
It is entitled “Natural Law in Ancient and Modern Guise.” It is from 2010, and runs about one hour,
with extra time for questions/answers.
Epstein, a prolific academic writer and thinker, speaks, as
always, in complete paragraphs, quickly and effortlessly. He clearly knows his topics backwards,
forwards, and sideways. Even if one is
inclined to disagree with him altogether, or in part, it is always most
challenging and rewarding to hear the opposite side of the argument cogently
argued.
For those inclined to agree, watch it twice.
Or thrice.
I find that many who think well and deeply about political
theory and philosophy are relatively uninformed about, or ignore altogether,
economics and the revolution in economic life over the last quarter millennium. Economists, however, often have a naïve or
diminished view – or even an unmanly contempt for - the political and cultural
structure that necessarily provides the foundation for a free and peaceful
economic life.
Epstein falls into neither camp. He has a commanding grasp of both economic
theory and of political philosophy. He
comes at all this, somewhat uniquely, from the standpoint of the law, and as a
law professor. As a non-lawyer I find this
intriguing. When he talks about economics
and political theory, he typically thinks about not just the theory and broad “constitutional”
questions (meant here not to only refer to the US constitution) but also the very
specific legal issues that arise. His
description of Roman law and the pre-Thomistic “natural law” is fascinating. He ties this to Anglo-American law, written
and unwritten.
(There is also an insightful question and answer exchange
around the question of natural right and natural law. One is reminded that Leo Strauss pointed out
that the ancient philosophers contrasted “nature” and “law/custom[nomos].” Justinian Roman law, one assumes, could think
about laws which are natural [not customary] since the Empire had created a
universal political and legal system, a situation distinct from that of the
ancient city).
Epstein's strong preference is for the classical liberal position,
in politics, in law, and in economics.
He explains how these are intrinsically linked.
The concluding remark is this: “Essentially the lesson is, unless you can
master the ancient conceptions of natural law, you will never be able to do
modern public policy well.” How he gets
there is an hour well spent.
Epstein also has a “new” book out (2014) that is on my list
to read. “The Classical Liberal
Constitution: The Uncertain Quest for Limited Government”
Amazon link: http://www.amazon.com/The-Classical-Liberal-Constitution-Government/dp/0674724895
He gives another fine talk on that book and on Hayek here: https://www.youtube.com/watch?v=DhqXIc5CEpU
Amazon link: http://www.amazon.com/The-Classical-Liberal-Constitution-Government/dp/0674724895
He gives another fine talk on that book and on Hayek here: https://www.youtube.com/watch?v=DhqXIc5CEpU
