Law

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April 10, 2026

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April 10, 2026

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"Modern democracy evolved from early democracy, and this process began in England before first reaching a fuller extent—for free white males—in the United States. Modern democracy is a form of rule where political participation is broad but episodic: citizens participate by voting for representatives, but this occurs only at certain intervals, and there are few means of control other than the vote—representatives cannot be bound by mandates or instructions. All of this contrasts with early democracy. In early democracies participation was often restricted to a smaller number of individuals, but for those who enjoyed the right, the frequency of participation was much higher. It was also the case that those who chose representatives could bind them with mandates, and individual localities could either veto central decisions or opt out of them. This created substantial blocking power and therefore a need for consensus. For this reason, there was less of a problem of “tyranny of the majority,” whereas this is an issue with which all modern democracies must grapple. If modern democracy takes a particular form, the peculiarities of Anglo-American history provide much of the explanation. England, and then the United States, deviated from the common European pattern, and it will be important for us to understand how and why this happened. This will also help us to understand the potential fracture points of modern democracy."

- Representation

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"Trade is a social act. Whoever undertakes to sell any description of goods to the public, does what affects the interest of other persons, and of society in general; and thus his conduct, in principle, comes within the jurisdiction of society: accordingly, it was once held to be the duty of governments, in all cases which were considered of importance, to fix prices, and regulate the processes of manufacture. But it is now recognised, though not till after a long struggle, that both the cheapness and the good quality of commodities are most effectually provided for by leaving the producers and sellers perfectly free, under the sole check of equal freedom to the buyers for supplying themselves elsewhere. This is the so-called doctrine of Free Trade, which rests on grounds different from, though equally solid with, the principle of individual liberty asserted in this Essay. Restrictions on trade, or on production for purposes of trade, are indeed restraints; and all restraint, quâ restraint, is an evil: but the restraints in question affect only that part of conduct which society is competent to restrain, and are wrong solely because they do not really produce the results which it is desired to produce by them. As the principle of individual liberty is not involved in the doctrine of Free Trade, so neither is it in most of the questions which arise respecting the limits of that doctrine: as for example, what amount of public control is admissible for the prevention of fraud by adulteration; how far sanitary precautions, or arrangements to protect work-people employed in dangerous occupations, should be enforced on employers. Such questions involve considerations of liberty, only in so far as leaving people to themselves is always better, cÌteris paribus, than controlling them: but that they may be legitimately controlled for these ends, is in principle undeniable."

- Regulation

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