ABSTRACT

This chapter explores the theory of democracy and the results in statutory law, adopting largely a public choice perspective. It specifically examines corporation law and limited liability, and concludes that they are justified but need to be supplemented by competition law to preserve their mutually beneficial character. It also examines intellectual property law, which it concludes is far too broad, zoning law (too restrictive), occupational licensure (largely unjustified) and labour law (same). It concludes that statutory law in general is not mutually beneficial, and that the ability of democratic majorities to modify the rules of the common law and to impose obligations on individuals needs to be eliminated or drastically curtailed. It concludes that what is valuable about democracy is the ability to remove leaders without bloodshed, and to control whatever limited activities governments can properly pursue, and that the ability to impose duties on individuals democratically is not necessary to achieve that purpose.