This essay accepts the normative vision Richard Epstein sets forth in The Classical Liberal Constitution, but refracts that vision through some considerations of positive political economy. In response to a questioner who asked at the conclusion of the Constitutional Convention what kind of...

This paper is concerned with the way economists conceptualize the relationship between politics and property rights. It is customary for economists to treat polity and economy as comprising separate domains of human action. In contrast, we treat society as a single domain of action comprised of...

The particular focus of this chapter will be to analyze institutional change from an Ostromian perspective by analyzing the relationship between self-governance, polycentricity, and federalism. Throughout work of Elinor and Vincent Ostrom, there exist two consistent themes regarding the...

The European Project aims to avoid repeating Europe's bloody history of the first half of the 20th century by creating a united Europe under the banner of the European Union. This aspiration for peace and security recalls the similar effort that led to formation of the United States in the late...

This essay uses the analytical lens crafted through the vision of entangled political economy to explore the ways in which concerns over Covid-19 have influenced conduct within the public square of social life. By entangled political economy we refer to a scheme of thought articulated by two...

Judging from most news reports, COVID-19 mostly engages contending claims and perceptions regarding public health and epidemiology. This essay does not denigrate the significance of those claims but seeks instead to explain why economics is of far greater significance than standard intuitions...

How is rule of law established? We address this question by exploring the causal effect of increases in fiscal capacity on the establishment of well enforced, formal, legal standards in a pre-industrial economy. Between 1550 and 1700 there were over 2,000 witch trials in France. Prosecuting a...

James Scott has written a detailed ethnography on the lives of the peoples of upland Southeast Asia who choose to escape oppressive government by living at the edge of their civilization. To the political economist the fascinating story told by Scott provides useful narratives in need of...

Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...

This paper analyzes the concept of municipal bankruptcy in a comparative framework with commercial bankruptcy. Cities are corporate bodies that continue to exist despite the ever changing identities of the residents. The common designation of cities as municipal corporations suggests an affinity...