Wednesday, September 29, 2004 - The Progress & Freedom Foundation Blog

Enabling Legal Change -- DeLong on Posner

My colleague Jim DeLong has an excellent post over at on the common law's ability to adapt to different social and technological circumstances as it relates to intellectual property laws. I cross-reference it not only as flagrant cross-promotion, but also for the applicability of these principles for the regulatory arena. In particular, I think the contrast between the common law reasoning-style of antitrust with the rigidity of administrative regulation is quite salient. (This contrast is more than a tad ironic since administrative regulation was meant to be adaptable, but maybe it's too adaptable with things like property and contract rights).

posted by Ray Gifford @ 10:24 AM | General