LINKING NATURAL RIGHTS AND EVOLUTIONARY LAW: A LESSON FROM BRUNO LEONI

Abstract

This paper examines Bruno Leoni’s attempt to reconcile a minimal concept of natural law with an evolutionary, common-law–based legal order. Rejecting both rigid legalism and historicist relativism, Leoni argues that individual freedom is best protected by a polycentric, jurisprudence-driven system grounded in universal ethical principles—most notably the golden rule—while remaining adaptable to social experience. The article contrasts Leoni’s approach with that of libertarian theorists such as Rothbard, Block, and Kinsella, and partly aligns with Frank van Dun’s critique of strict non-aggression legalism. It argues that a coherent libertarian legal theory must combine general moral axioms with the contextual wisdom of legal practice, taking into account causal complexity, historical evolution, and the practical dimension of adjudication. The study concludes that Leoni offers a “third way”: a libertarian legal philosophy rooted in classical natural law, enriched by evolutionary insight, and resistant to both dogmatic codification and relativistic skepticism.