“Travelling through some country that observes the common law you might come across a stranger on the road who asks for help – for food, or shelter, or a ride to the next town, or assistance with their vehicle. You might be able to supply this assistance, and they willing to reimburse you for it. Nevertheless, you would be entitled to ignore their appeal and pass by on the other side. This striking rule has attracted the attention of legal theorists, especially proponents and opponents of the broadly liberal tradition. The rule arguably shows the commitment of the common law – or at least the part of the law governing private individuals – to a strong conception of individual freedom or autonomy in interpersonal relations. Indeed, for some theorists influenced by Kant’s legal philosophy, the rule shows that private individuals are essentially independent of each other …”
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Nick Sage, Liberalism and the Common Callings, King’s Law Journal, https://doi.org/10.1080/09615768.2022.2034592. Published online 17 March.
First posted 2022-03-19 15:00:58
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