Posted by: erichosemann | October 1, 2009

Hernando de Soto Part Deux, Epstein Strikes A Blow for Property Rights

Richard Epstein counters Cass Sunstein’s support for a second Bill of Rights.

Epstein considers FDR’s attempt to create a second Bill of Rights an effort to turn “human aspirations into enforceable legal rights.”

Epstein: “…but that’s just what the First Bill of Rights can do with its bloodless protection of private property and freedom of contract, speech and religion. Now we can specify the correlative duties with precision: keep off the property of others, and don’t meddle in their agreements.”

The language of modern liberals—progressives to some—is couched luxuriantly in the semantics of aspiration.  Striving, reaching, achieving, breaking through barriers, transforming, becoming, etc., etc.  If only they would realize that people were already striving and achieving and breaking through barriers before modern liberals started their ex post cheerleading.


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