Thus far, I have explained how classical liberal principles link the rule of
law and the system of private property into a harmonious whole. In addition,
I have sought to explain why the alternative pro�gres�sive synthesis
necessarily introduces new levels of discretion for public of�fi�cials in applying
the substantive law. At this point, we must circle back to see how
these modern transformations of the rules of property and contract have
placed undue pressure on the rule of law