Document Type
Article
Media Type
Text
Abstract
Holmes' dissent in Lochner disparaging economics as a touchstone for liberty started this nation down the procrustean path of jurisprudiential disaster. Soon thereafter, the United States Supreme Court began separating so-called economic liberties from those later "identified" as fundamental. Ludwig Von Mises, Austrian School economist, foresaw that "as soon as the economic freedom which the market economy grants to its members is removed, all political liberties and bills of rights become humbug." This article, relying upon principles of Mises, Rothbard, and other Austrian School economists, argues that separation of economic and fundamental liberties is scientifically impossible and concludes that the Court's artificial distinction between them has resulted in nearly sixty-five years of hopelessly irreconcilable and inept decisions necessarily detrimental to all liberties.
First Page
671
Last Page
718
Publication Date
7-1-1995
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Becker, Joseph
(1995)
"Procrustean Jurisprudence: An Austrian School Economic Critique of the Separation and Regulation of Liberties in the Twentieth Century United States,"
Northern Illinois University Law Review: Vol. 15:
Iss.
3, Article 10.
Suggested Citation
Joseph Becker, Comment, Procrustean Jurisprudence: An Austrian School Economic Critique of the Separation and Regulation of Liberties in the Twentieth Century United States, 15 N. Ill. U. L. Rev. 671 (1995).
