Law, Legislation and Liberty
A New Statement of the Liberal Principles of Justice and Political Economy
Friedrich von Hayek (2013)
Abstract: There are different views on how societies are formed and changed. One perspective believes that institutions should be intentionally designed, while another claims that societies evolve organically through shared practices. Rationalism emphasizes logical thinking but can dismiss valuable traditions. Effective human actions often rely on unrecognized rules rather than complete knowledge of facts. Science isn't always enough for complex problems, and understanding societal order involves recognizing both created and evolved structures. Ultimately, justice and freedom require fair guiding principles to maintain societal order amidst individual freedoms and evolving customs.
Chapter Summaries:
Volume 1 RULES AND ORDER
1 REASON AND EVOLUTION
THE TENETS OF CARTESIAN RATIONALISM
THE PERMANENT LIMITATIONS OF OUR FACTUAL KNOWLEDGE
THE CONCURRENT EVOLUTION OF MIND AND SOCIETY: THE ROLE OF RULES
THE FALSE DICHOTOMY OF ‘NATURAL’ AND ‘ARTIFICIAL’
THE RISE OF THE EVOLUTIONARY APPROACH
THE PERSISTENCE OF CONSTRUCTIVISM IN CURRENT THOUGHT
WHY THE EXTREME FORMS OF CONSTRUCTIVIST RATIONALISM REGULARLY LEAD TO A REVOLT AGAINST REASON
2 COSMOS AND TAXIS
THE DISTINGUISHING PROPERTIES OF SPONTANEOUS ORDERS
IN SOCIETY, RELIANCE ON SPONTANEOUS ORDER BOTH EXTENDS AND LIMITS OUR POWERS OF CONTROL
SPONTANEOUS ORDERS RESULT FROM THEIR ELEMENTS OBEYING CERTAIN RULES OF CONDUCT
THE SPONTANEOUS ORDER OF SOCIETY IS MADE UP OF INDIVIDUALS AND ORGANIZATIONS
THE RULES OF SPONTANEOUS ORDERS AND THE RULES OF ORGANIZATION
THE TERMS ‘ORGANISM’ AND ‘ORGANIZATION’
3 PRINCIPLES AND EXPEDIENCY
INDIVIDUAL AIMS AND COLLECTIVE BENEFITS
FREEDOM CAN BE PRESERVED ONLY BY FOLLOWING PRINCIPLES AND IS DESTROYED BY FOLLOWING EXPEDIENCY
THE ‘NECESSITIES’ OF POLICY ARE GENERALLY THE CONSEQUENCES OF EARLIER MEASURES
SPURIOUS REALISM AND THE REQUIRED COURAGE TO CONSIDER UTOPIA
THE ROLE OF THE LAWYER IN POLITICAL EVOLUTION
THE MODERN DEVELOPMENT OF LAW HAS BEEN GUIDED LARGELY BY FALSE ECONOMICS
4 THE CHANGING CONCEPT OF LAW
THE LESSONS OF ETHOLOGY AND CULTURAL ANTHROPOLOGY
THE PROCESS OF ARTICULATION OF PRACTICES
THE CLASSICAL AND THE MEDIEVAL TRADITION
THE DISTINCTIVE ATTRIBUTES OF LAW ARISING FROM CUSTOM AND PRECEDENT
WHY GROWN LAW REQUIRES CORRECTION BY LEGISLATION
THE ORIGIN OF LEGISLATIVE BODIES
5 NOMOS: THE LAW OF LIBERTY
HOW THE TASK OF THE JUDGE DIFFERS FROM THAT OF THE HEAD OF AN ORGANIZATION
THE AIM OF JURISDICTION IS THE MAINTENANCE OF AN ONGOING ORDER OF ACTIONS
‘ACTIONS TOWARDS OTHERS’ AND THE PROTECTION OF EXPECTATIONS
IN A DYNAMIC ORDER OF ACTIONS ONLY SOME EXPECTATIONS CAN BE PROTECTED
THE MAXIMAL COINCIDENCE OF EXPECTATIONS IS ACHIEVED BY THE DELIMITATION OF PROTECTED DOMAINS
THE GENERAL PROBLEM OF THE EFFECTS OF VALUES ON FACTS
THE ARTICULATION OF THE LAW AND THE PREDICTABILITY OF JUDICIAL DECISIONS
THE FUNCTION OF THE JUDGE IS CONFINED TO A SPONTANEOUS ORDER
6 THESIS: THE LAW OF LEGISLATION
LEGISLATION ORIGINATES FROM THE NECESSITY OF ESTABLISHING RULES OF ORGANIZATION
LAW AND STATUTE: THE ENFORCEMENT OF LAW AND THE EXECUTION OF COMMANDS
LEGISLATION AND THE THEORY OF THE SEPARATION OF POWERS
THE GOVERNMENTAL FUNCTIONS OF REPRESENTATIVE ASSEMBLIES
ADMINISTRATIVE LAW AND THE POLICE POWER
THE TRANSFORMATION OF PRIVATE LAW INTO PUBLIC LAW BY ‘SOCIAL’ LEGISLATION
THE MENTAL BIAS OF A LEGISLATURE PREOCCUPIED WITH GOVERNMENT
Volume 2 THE MIRAGE OF SOCIAL JUSTICE
7 GENERAL WELFARE AND PARTICULAR PURPOSES
THE GENERAL INTEREST AND COLLECTIVE GOODS
THE SIGNIFICANCE OF ABSTRACT RULES AS GUIDES IN A WORLD IN WHICH MOST OF THE PARTICULARS ARE UNKNOWN
WILL AND OPINION, ENDS AND VALUES, COMMANDS AND RULES, AND OTHER TERMINOLOGICAL ISSUES
ABSTRACT RULES OPERATE AS ULTIMATE VALUES BECAUSE THEY SERVE UNKNOWN PARTICULAR ENDS
THE CONSTRUCTIVIST FALLACY OF UTILITARIANISM
‘GENERALIZATION’ AND THE TEST OF UNIVERSALIZABILITY
TO PERFORM THEIR FUNCTIONS RULES MUST BE APPLIED THROUGH THE LONG RUN
8 THE QUEST FOR JUSTICE
JUSTICE IS AN ATTRIBUTE OF HUMAN CONDUCT
RULES OF JUST CONDUCT ARE GENERALLY PROHIBITIONS OF UNJUST CONDUCT
NOT ONLY THE RULES OF JUST CONDUCT, BUT ALSO THE TEST OF THEIR JUSTICE, ARE NEGATIVE
THE SIGNIFICANCE OF THE NEGATIVE CHARACTER OF THE TEST OF INJUSTICE
THE IDEOLOGY OF LEGAL POSITIVISM
9 ‘SOCIAL’ OR DISTRIBUTIVE JUSTICE
THE CONCEPT OF ‘SOCIAL JUSTICE’
THE CONQUEST OF PUBLIC IMAGINATION BY ‘SOCIAL JUSTICE’
THE INAPPLICABILITY OF THE CONCEPT OF JUSTICE TO THE RESULTS OF A SPONTANEOUS PROCESS
THE ALLEGED NECESSITY OF A BELIEF IN THE JUSTICE OF REWARDS
THERE IS NO ‘VALUE TO SOCIETY’
‘SOCIAL JUSTICE’ AND FREEDOM UNDER THE LAW
THE SPATIAL RANGE OF ‘SOCIAL JUSTICE’
CLAIMS FOR COMPENSATION FOR DISTASTEFUL JOBS
THE RESENTMENT OF THE LOSS OF ACCUSTOMED POSITIONS
APPENDIX TO CHAPTER 9: JUSTICE AND INDIVIDUAL RIGHTS
10 THE MARKET ORDER OR CATALLAXY
THE NATURE OF THE MARKET ORDER
A FREE SOCIETY IS A PLURALISTIC SOCIETY WITHOUT A COMMON HIERARCHY OF PARTICULAR ENDS
RULES OF JUST CONDUCT PROTECT ONLY MATERIAL DOMAINS AND NOT MARKET VALUES
THE CORRESPONDENCE OF EXPECTATIONS IS BROUGHT ABOUT BY A DISAPPOINTMENT OF SOME EXPECTATIONS
ABSTRACT RULES OF JUST CONDUCT CAN DETERMINE ONLY CHANCES AND NOT PARTICULAR RESULTS
SPECIFIC COMMANDS (‘INTERFERENCE’) IN A CATALLAXY CREATE DISORDER AND CAN NEVER BE JUST
THE AIM OF LAW SHOULD BE TO IMPROVE EQUALLY THE CHANCES OF ALL
11 THE DISCIPLINE OF ABSTRACT RULES AND THE EMOTIONS OF THE TRIBAL SOCIETY
THE PURSUIT OF UNATTAINABLE GOALS MAY PREVENT THE ACHIEVEMENT OF THE POSSIBLE
THE CAUSES OF THE REVIVAL OF THE ORGANIZATIONAL THINKING OF THE TRIBE
THE IMMORAL CONSEQUENCES OF MORALLY INSPIRED EFFORTS
IN THE GREAT SOCIETY ‘SOCIAL JUSTICE’ BECOMES A DISRUPTIVE FORCE
FROM THE CARE OF THE MOST UNFORTUNATE TO THE PROTECTION OF VESTED INTERESTS
ATTEMPTS TO ‘CORRECT’ THE ORDER OF THE MARKET LEAD TO ITS DESTRUCTION
THE REVOLT AGAINST THE DISCIPLINE OF ABSTRACT RULES
THE MORALS OF THE OPEN AND OF THE CLOSED SOCIETY
THE OLD CONFLICT BETWEEN LOYALTY AND JUSTICE
THE SMALL GROUP IN THE OPEN SOCIETY
THE IMPORTANCE OF VOLUNTARY ASSOCIATIONS
Volume 3 THE POLITICAL ORDER OF A FREE PEOPLE
12 MAJORITY OPINION AND CONTEMPORARY DEMOCRACY
THE PROGRESSIVE DISILLUSIONMENT ABOUT DEMOCRACY
UNLIMITED POWER: THE FATAL DEFECT OF THE PREVAILING FORM OF DEMOCRACY
THE TRUE CONTENT OF THE DEMOCRATIC IDEAL
THE WEAKNESS OF AN ELECTIVE ASSEMBLY WITH UNLIMITED POWERS
COALITIONS OF ORGANIZED INTERESTS AND THE APPARATUS OF PARA-GOVERNMENT
AGREEMENT ON GENERAL RULES AND ON PARTICULAR MEASURES
13 THE DIVISION OF DEMOCRATIC POWERS
THE LOSS OF THE ORIGINAL CONCEPTION OF THE FUNCTIONS OF A LEGISLATURE
EXISTING REPRESENTATIVE INSTITUTIONS HAVE BEEN SHAPED BY THE NEEDS OF GOVERNMENT, NOT OF LEGISLATION
BODIES WITH POWERS OF SPECIFIC DIRECTION ARE UNSUITED FOR LAW-MAKING
THE CHARACTER OF EXISTING ‘LEGISLATURES’ DETERMINED BY THEIR GOVERNMENTAL TASKS
PARTY LEGISLATION LEADS TO THE DECAY OF DEMOCRATIC SOCIETY
THE CONSTRUCTIVISTIC SUPERSTITION OF SOVEREIGNTY
THE REQUISITE DIVISION OF THE POWERS OF REPRESENTATIVE ASSEMBLIES
14 THE PUBLIC SECTOR AND THE PRIVATE SECTOR
THE DELIMITATION OF THE PUBLIC SECTOR
TAXATION AND THE SIZE OF THE PUBLIC SECTOR
GOVERNMENT MONOPOLY OF SERVICES
15 GOVERNMENT POLICY AND THE MARKET
THE ADVANTAGES OF COMPETITION DO NOT DEPEND ON IT BEING ‘PERFECT’1
COMPETITION AS A DISCOVERY PROCEDURE
THE ACHIEVEMENTS OF THE FREE MARKET
THE POLITICAL ASPECTS OF ECONOMIC POWER
THE PROBLEM OF ANTI-MONOPOLY LEGISLATION
NOT INDIVIDUAL BUT GROUP SELFISHNESS IS THE CHIEF THREAT
THE CONSEQUENCES OF A POLITICAL DETERMINATION OF THE INCOMES OF THE DIFFERENT GROUPS
ORGANIZABLE AND NON-ORGANIZABLE INTERESTS
16 THE MISCARRIAGE OF THE DEMOCRATIC IDEAL: A RECAPITULATION
THE MISCARRIAGE OF THE DEMOCRATIC IDEAL
THE PLAYBALL OF GROUP INTERESTS
FROM UNEQUAL TREATMENT TO ARBITRARINESS
SEPARATION OF POWERS TO PREVENT UNLIMITED GOVERNMENT
17 A MODEL CONSTITUTION
THE WRONG TURN TAKEN BY THE DEVELOPMENT OF REPRESENTATIVE INSTITUTIONS
THE VALUE OF A MODEL OF AN IDEAL CONSTITUTION
THE TWO REPRESENTATIVE BODIES WITH DISTINCTIVE FUNCTIONS
FURTHER OBSERVATIONS ON REPRESENTATION BY AGE GROUPS
THE GENERAL STRUCTURE OF AUTHORITY
THE DIVISION OF FINANCIAL POWERS
18 THE CONTAINMENT OF POWER AND THE DETHRONEMENT OF POLITICS
PEACE, FREEDOM AND JUSTICE: THE THREE GREAT NEGATIVES
CENTRALIZATION AND DECENTRALIZATION
THE RULE OF THE MAJORITY VERSUS THE RULE OF LAWS APPROVED BY THE MAJORITY
MORAL CONFUSION AND THE DECAY OF LANGUAGE
DEMOCRATIC PROCEDURE AND EGALITARIAN OBJECTIVES
A GAME ACCORDING TO RULES CAN NEVER KNOW JUSTICE OF TREATMENT
THE PARA-GOVERNMENT OF ORGANIZED INTERESTS AND THE HYPERTROPHY OF GOVERNMENT
UNLIMITED DEMOCRACY AND CENTRALIZATION
THE DEVOLUTION OF INTERNAL POLICY TO LOCAL GOVERNMENT14
THE ABOLITION OF THE GOVERNMENT MONOPOLY OF SERVICES
EPILOGUE* THE THREE SOURCES OF HUMAN VALUES
THE PROCESS OF CULTURAL EVOLUTION
THE EVOLUTION OF SELF-MAINTAINING COMPLEX STRUCTURES
THE STRATIFICATION OF RULES OF CONDUCT36
CUSTOMARY RULES AND ECONOMIC ORDER
THE RE-EMERGENCE OF SUPPRESSED PRIMORDIAL INSTINCTS
EVOLUTION, TRADITION AND PROGRESS
THE CONSTRUCTION OF NEW MORALS TO SERVE OLD INSTINCTS: MARX
THE DESTRUCTION OF INDISPENSABLE VALUES BY SCIENTIFIC ERROR: FREUD