Liberty and Power Happy Spooner Day!
Jan 18, 2006 7:23 pm
Happy Spooner Day!
(1/19/1808-4/14/1887), had been all but forgotten for generations until 1966 when
No Treason: A Constitution of No Authority
had been republished by
Pine Tree Press
"possibly the most subversive document ever penned in this nation."
) hit libertarian circles like a bombshell. From that time on, the debate between free market anarchism and minarchism was fueled by the logical analysis of constitutional theory which
brought. No one interested in the fundamendal connection (if any) between liberty and constitution (or meta-contract) and the process of legitimization could ignore
. Indeed, now, nearly fifty years after publication, the debate continues.
With the publication of
and the rediscovery of
's analytical works has influenced into entire schools of thinking, including his trenchant examination of
, has continued to affect even popular culture. Stamp collectors even admire him because
set up a private postal service so successful that the federal government decided to outlaw it.
Just a thought.
Just Ken CLASSical Liberalism
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Kenneth R. Gregg -
Thanks for the link to Barnett's essay. I like this in his conclusion:
"Reading all three hundred pages, one is struck by the herculean nature of Spooner's endeavor-indeed by its similarity to what Ronald Dworkin argues that Hercules, Dworkin's hypothetical judge, ought to do: construct a set of principles of justice that both explain and justify the constitutional text at hand in such a way as to render it consistent with all other texts recognized as authoritative within this legal tradition."
"Spooner Day" should be an international libertarian holiday!
Tom G Palmer -
Thanks Ken! The date is now added to my calendar as a recurring holiday.
I'd also note the recent article by Randy Barnett on Spooner's theory of constitutional interpretation:
And also his response to Spooner in his book "Restoring the Lost Constitution."
Tom G. Palmer