University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1999 The Assault that Failed: The rP ogressive Critique of Laissez Faire (reviewing Barbara H. Fried, The Progressive Assault on Laissez Faire : Robert Hale and the First Law and Economics Movement (1998)) Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Assault that Failed: The rP ogressive Critique of Laissez Faire (reviewing Barbara H. Fried, The rP ogressive Assault on Laissez Faire : Robert Hale and the First Law and Economics Movement (1998))," 97 Michigan Law Review 1697 (199 This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. THE ASSAULT THAT FAILED: THE PROGRESSIVE CRITIQUE OF LAISSEZ FAIRE Richard A. Epstein* THE PROGRESSIVE ASSAULT ON LAISSEZ FAIRE: ROBERT HALE AND THE FIRST LAW AND ECONOMICS MovEMENT. By BarbaraH. Fried. Cambridge: Harvard University Press. 1998. Pp. x, 338. $55. PLAYING FOR ALL THE MARBLES Robert Lee Hale has long been an intellectual thorn in the side of the defenders of laissez faire, among whom I am quite happy to count myself. As Barbara Fried1 notes in her meticulous study of Hale's work, his name is hardly a household word. But both di- rectly and indirectly, his influence continues to be great. His best known work is perhaps Coercion and Distribution in a Supposedly Non-Coercive State,2 published in 1923 as a review of Thomas Nixon Carver's Principles of NationalEconomy, 3 itself a defense of the classical principles of laissez faire, remembered today only for the drubbing that it took at Hale's hands.