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Richard Epstein is a rich source of insight and inspiration for the classical liberal who seeks to tread the middle ground between
(1) F.A.Hayek's highly abstract theory of the rule of law - valuable in its own right, but often of limited use in discussing concrete issues - and
(2) the broad and uncertain schemes of law attributed to a social utopia void of the state, the attendant summary denouncement of legal arrangements and the denial of freedom in contemporary societies with pervasive state structures, or
(3) today's predominant legal positivism based on the assumption that the state has a superior problem solving capability compared to all other societal agents and is therefore entitled to practice unrestrained discretion in its capacity as the the sole legitimate source of all law.
