Martin van Staden

Libertarian Jurisprudence & Free Market Policy

Jurisprudence

Martin has a Master of Laws (LL.M.) degree (cum laude) from the University of Pretoria. His dissertation, “In Favorem Libertatis: The Prospect of Liberty in the Transformation(isation) of South African Law”, elaborates upon Libertarian Legal Theory and applies it to the contemporary trend of Transformationism (institutionalised political correctness and social engineering) in the legal system of South Africa.

Martin’s interest in jurisprudence may be divided into the following categories:

Libertarian Legal Theory

The Rule of Law

Transformationism and social engineering

The basic structure doctrine

The Rule of Law and Libertarian Legal Theory are both sides of the same coin. Libertarian Legal Theory provides the content and the principles of just law, and the Rule of Law provides for the procedure and process of just law. Without the Rule of Law, Libertarian Legal Theory is ineffective and useless, and without Libertarian Legal Theory, the Rule of Law is at worst potentially tyrannical, and at best redundant.