Here’s a letter that I sent recently to the Baltimore Sun:
In a free society, law isn’t simply, or even chiefly, a set of explicit commands handed down from a sovereign (be it a monarch or a democratically elected legislature). A great deal of law – indeed, most law – emerges undesigned from the daily practices of ordinary people interacting with, and sometimes bumping into, each other. People on their own often find ways to minimize these conflicts, and these ways become embedded in people’s expectations. These expectations, in turn, become unwritten law – law that good judges find and enforce impartially.
Donald J. Boudreaux