Property and Freedom Podcast, Episode 228.
This talk is from the 2021 Annual Meeting of the Property and Freedom Society. Jeff Deist (USA), After Trump: The Prospects for Soft Secession in America.
An article based on this talk follows:
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The Prospects for Soft Secession in America
Jeff Deist
Mises Wire, 09/21/2021
In 1930, Columbia professor Karl Llewellyn published The Bramble Bush, his famous tract on how to think about and study law. Llewellyn urged readers to consider both law and custom when seeking to understand a society, to recognize the difference between black letter legal codes and the day to day practices of state officials and citizens. Where there was no sanction, the author instructed, there was no law. In other words, we should focus on the substance of things at least as much as we focus on the form. This is an important lesson for how we view the United States today, with an eye toward what is actually happening on the ground among people and institutions, rather than legal formalisms. Read more>>
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