My Response to Bork and Landsburg

Source: David Friedman’s Substack
by David Friedman

“In my previous post I argued that Robert Bork, in an old and famous law review article, and Steven Landsburg, in a now infamous blog post, were making two sides of the same point, in both cases arguing that our legal rules (and, for many of us, our moral intuitions) were inconsistent in treating essentially similar cases differently. Various commenters on my post pointed in what I think is the right direction for explaining the puzzle and justifying the legal, and perhaps the moral, difference.” (10/21/25)

https://daviddfriedman.substack.com/p/my-response-to-bork-and-landsburg