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From a reader:

Mr. Goldberg,

I’m currently writing a short paper on a Hayekian approach to the decision in Goodridge. I think that the main point of criticism for Hayek, based on his writings on law and legislation, would be of the role that the courts played in the policy versus the legislature. Hayek’s conception of natural law was one of law discovered among the people. Judges could recognize that law, but not really create it in order to move society along in spite of itself. Judging from a preliminary reading of the polls, and the widespread disagreement and dialogue on the issue, I think it’s hard to impossible to say that the court was merely reflecting the larger view of society, and not legislating instead. Regardless of the merits of same-sex marriage, Hayek would condemn the decision by the Supreme Judicial Court.


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