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CIAO DATE: 03/02
Critical Review
The Right Set of Simple Rules: A Short Reply to Frederick Schauer and Comment on G.A. Cohen
By Richard A. Epstein
Abstract
In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These "take and pay" rules explain how a system broadly protective of private property responds to well-known two-person (Able-Infirm) hypotheticals of the sort advanced by G.A. Cohen, which are designed to show how claims of self-ownership lend strong support to egalitarian outcomes.