The Constitution has to be interpreted loosely, otherwise it becomes a straitjacket. You can't interpret it literally. You can pretend to, and go digging around in 18th Century dictionaries to figure out what 'cruel and unusual punishment' meant or what the 'right to bear arms' meant, but that is all fake really. The Constitution has to be interpreted in light of modern needs, and that's what they (the strict interpreters) end up doing in spite of all their investigations.
Richard PosnerIn a religiously uniform culture, it is natural for people to take for granted the truth of the prevailing religion and its associated metaphysical propositions.
Richard PosnerWe have a tendency to assume people are a unity, and thus good people all good, etc. But the fact that Hitler was good to dogs and children isn't a paradox.
Richard PosnerBut Friedman seemed to share Friedrich Hayek's extreme and inaccurate view that socialism of the sort that Britain embraced under the old Labour Party was incompatible with democracy, and I don't think that there is a good theoretical or empirical basis for that view. The Road to Serfdom flunks the test of accuracy of prediction!
Richard Posner