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" Law, Legislation and Liberty : "
F A Hayek
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BL
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714586
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b536736
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| Main Entry
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F A Hayek
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| Title & Author
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Law, Legislation and Liberty : : a New Statement of the Liberal Principles of Justice and Political Economy.\ F A Hayek
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| Publication Statement
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Hoboken: Taylor and Francis, 2013
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| Page. NO
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(1172 pages)
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| ISBN
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1134524390
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: 9781134524396
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| Notes
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Law and statute-the enforcement of law and the execution of commands.
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| Contents
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Cover; Title page; Copyright page; Contents; Volume 1 RULES AND ORDER; CONSOLIDATED PREFACE; INTRODUCTION; 1 REASON AND EVOLUTION; Construction and evolution; The tenets of Cartesian rationalism; The permanent limitations of our factual knowledge; Factual knowledge and science; 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; Our anthropomorphic language; Reason and abstraction. Why the extreme forms of constructivist rationalism regularly lead to a revolt against reason2 COSMOS AND TAXIS; The concept of order; The two sources of order; The distinguishing properties of spontaneous orders; Spontaneous orders in nature; 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 EXPEDIENCYIndividual 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; The danger of attaching greater importance to the predictable rather than to the merely possible consequences of our actions; 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. Law is older than legislationThe lessons of ethology and cultural anthropology; The process of articulation of practices; Factual and normative rules; Early law; 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; Allegiance and sovereignty; 5 NOMOS: THE LAW OF LIBERTY; The functions of the judge; 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 expectationsIn 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 'purpose' of law; The articulations of the law and the predictability of judicial decisions; The function of the judge is confined to a spontaneous order; Conclusions; 6 THESIS: THE LAW OF LEGISLATION; Legislation originates from the necessity of establishing rules of organization.
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| Abstract
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First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.
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Democracy.
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Economic policy.
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Liberty.
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F A Hayek
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