For @CO. Hoosier and @crazed_hoosier2 , you might enjoy this podcast and subject matter:
Hayek said he owed his theories regarding law to Leoni. Hayek and Leoni, these two economists say, thought that when a judge applied a law, he should not be looking for the original meaning of that law's language as of the time of its passage (originalism) but instead the expected behavior or expectations of people in the particular situation at issue, in the given geographical and economic positions. Very interesting and very different than what we typically think of as a judge's job here in the US, but within it are some really interesting insights.
I'd also suggest this article comparing and contrasting Posner to Hayek. Posner, too, was a critic of originalism and a proponent of (some would say the primary creator of) the Law & Economics movement:
The Underrated Bruno Leoni (with Michael Munger) - Econlib
Bruno Leoni (1913-1967) Friedrich Hayek credited Bruno Leoni with shaping his ideas on laws and legislation. James Buchanan said that Leoni identified problems that led to his own work on public choice. How is it possible, then, that so few of us know of the groundbreaking Italian political...
www.econtalk.org
Hayek said he owed his theories regarding law to Leoni. Hayek and Leoni, these two economists say, thought that when a judge applied a law, he should not be looking for the original meaning of that law's language as of the time of its passage (originalism) but instead the expected behavior or expectations of people in the particular situation at issue, in the given geographical and economic positions. Very interesting and very different than what we typically think of as a judge's job here in the US, but within it are some really interesting insights.
I'd also suggest this article comparing and contrasting Posner to Hayek. Posner, too, was a critic of originalism and a proponent of (some would say the primary creator of) the Law & Economics movement:
