ABSTRACT
The classical response has been the celebration of the free market economy. Social engineering and planning are perceived as the very opposites of the free market; intervention is the opposite of nonintervention. The legal expression of social engineering is perceived as a set of commands directed by the state to various citizens. The legal expression of the free market is perceived as facilitative law, of which the law of contract is the archetype. A rule is promulgated; if a person violates the rule he is punished, either directly as in criminal law, or through the imposition of a judgment for damages. Jurisprudential theories were developed which gave ideological support for the theme of contract. Thomas Hobbes said that the definition of injustice "is no other than the nonperformance of Covenant." The anticlassical paradigm is at issue with the classical on all but the propositions.
