4.8 • 710 Ratings
🗓️ 27 December 2021
⏱️ 87 minutes
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0:00.0 | Hey, everybody. Welcome to the What is Money show. I am sitting down today with Mr. |
0:14.1 | Stefan Kinsella. And we're going to be exploring some of his written work, particularly one piece called |
0:21.3 | legislation and the discovery of law in a free society, exploring the nature of centralized |
0:27.8 | versus a decentralized law. So, Stefan, welcome to the show. |
0:33.4 | Thanks very much, Robert. Glad to be here. Yeah, I'm glad you came on. And this is something, the topic I've been thinking about a lot. |
0:41.7 | And I think you're the right guy to talk to you about it with. |
0:44.8 | So you open with this quote that I really like from Franz Kafka, who wrote that justice must stand quite still or else the scales will waver and a just verdict |
0:59.4 | will become impossible. What exactly does that mean? Well, for me, that quote, I like it because it captures some of the analysis. |
1:17.6 | I try to draw it in the article, which a lot of it's highlighted by Hans-erman Hoppa, is basically |
1:24.1 | the idea that when you make law in a certain way, it increases overall uncertainty. |
1:31.5 | And that's bad in so many ways. |
1:33.8 | It's bad for time preference. |
1:35.9 | It basically raises time preference. |
1:39.3 | And it reduces inefficiency. |
1:41.6 | It makes us all poorer. |
1:43.3 | Now, how does it do that? I mean, there's another |
1:45.2 | expression which is similar to that, which is that no man's life, liberty, and property are safe |
1:50.0 | while the Congress or the legislature is in session, right? And the idea there is that when you have a |
1:57.8 | stable legal system and hopefully a good legal system, So you have two things that you want the law to have. You want it to have stability and you want it to be just. But even if it's not perfectly just, as long as it's stable, then it's predictable and you can maneuver around it, right? You know what to expect. But when it's subject to arbitrary whims and decrees, then you never know what to expect. And, you know, so the problem, this is the result of having the type of legal system that we have nowadays, which is legislation is seen by most people as the dominant source of law, where law, legal law, that is, not, not, there's other types of law, right? The word laws use for things other than legal law or juristic law, like moral law, economic laws, things, physical physical laws like the law of gravity. |
2:53.6 | But usually when people talk about law, they mean state law or the law that determines human affairs, right? |
3:01.6 | Consequences for interpersonal actions between people. |
3:05.6 | And nowadays, law has been corrupted and perverted and |
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