"Law, Liberty, and the Competitive Market" brings the clash
between law and legislation to the attention of economists and
political scientists. It fills a void and offers a series of texts
that have not previously been translated into English. This
anthology connects various articles by Leoni on economics and law
with the objective of emphasizing how much Leoni's own theory in
the juridical environment was influenced by reflection on authors
of the Austrian school--from Carl Menger to Ludwig von Mises, from
Friedrich von Hayek to Murray N. Rothbard.
The essays dealing with economics help us understand how many of
Leoni's positions were libertarian. A careful reader of Mises,
Leoni often ends up by assuming positions that are even more
anti-state than those of the Austrian economist (concerning
monopolies, for example). It is significant that in the 1960s his
thought was influenced by Rothbard. The very critiques that he
addresses to normativism and to analytical philosophy contain
strong ideological elements, as they move from the awareness that
legal positivism leads to statism and philosophical relativism to
acquiescence in the face of power.
Studying the market economy, Leoni perceives opposition between
spontaneous order and planning. In this way, he understands how
such a contrast is significant for the origins of norms. Leoni's
idea of a law able to protect individual liberty has its roots in
the market. Thus, the market is at the same time the model he uses
to conceive the legal order and an institution fundamental for the
service of civilization, which the law is called to protect. This
is an important work by a figure only now being recognized as a
pioneer in the field of economics and an innovator in political
theory.
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