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Law and Legislation in Hayek's Legal Philosophy

Law and Legislation in Hayek's Legal Philosophy theories and general principles, it neither understands those spontaneous forces on on which a policy of freedom relies nor possesses a basis for formulating principles of policy". 4 Hayek is particularly concerned with the Conservatives worship of government leaders and statesmen, whose power would not be limited in order to accomplish "great things" in particular circumstances, when not constrained by the rule of law. Conservatives "did show an understanding of the meaning of spontaneously grown institutions such as language, law, morals, and conventions that anticipated modern scientific approaches and from which the liberals might have profited. But the admiration of the conservatives for free growth generally applies only to the past. They typically lack the courage to welcome the same undesigned change from which new tools of human endeavors emerge". 5 So unproductive has conservatism been in producing a general conception of how a social order is maintained that its modern votaries, in trying to construct a theoretical foundation, invariably find themselves appealing almost exclusively to Ibid., p. 399. Ibid., pp. 400-401. Ibid., p. 400. authors who regard themselves as liberal. Macauley, Tocqueville, Lord Acton, and Lecky certainly considered themselves liberals, and with justice; and even Edmund Burke http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal des Économistes et des Études Humaines de Gruyter

Law and Legislation in Hayek's Legal Philosophy

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Publisher
de Gruyter
Copyright
Copyright © 1994 by the
ISSN
2194-5799
eISSN
2153-1552
DOI
10.1515/jeeh-1994-0107
Publisher site
See Article on Publisher Site

Abstract

theories and general principles, it neither understands those spontaneous forces on on which a policy of freedom relies nor possesses a basis for formulating principles of policy". 4 Hayek is particularly concerned with the Conservatives worship of government leaders and statesmen, whose power would not be limited in order to accomplish "great things" in particular circumstances, when not constrained by the rule of law. Conservatives "did show an understanding of the meaning of spontaneously grown institutions such as language, law, morals, and conventions that anticipated modern scientific approaches and from which the liberals might have profited. But the admiration of the conservatives for free growth generally applies only to the past. They typically lack the courage to welcome the same undesigned change from which new tools of human endeavors emerge". 5 So unproductive has conservatism been in producing a general conception of how a social order is maintained that its modern votaries, in trying to construct a theoretical foundation, invariably find themselves appealing almost exclusively to Ibid., p. 399. Ibid., pp. 400-401. Ibid., p. 400. authors who regard themselves as liberal. Macauley, Tocqueville, Lord Acton, and Lecky certainly considered themselves liberals, and with justice; and even Edmund Burke

Journal

Journal des Économistes et des Études Humainesde Gruyter

Published: Mar 1, 1994

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