Law, Legislation and Liberty

From Wikipedia, the free encyclopedia

Part of the series on Libertarianism

Schools of thought Agorism Anarcho-capitalism Autarchism Christian libertarianism Geolibertarianism Green libertarianism Individualist anarchism Left-libertarianism Libertarian socialism Libertarian feminism Free-market anarchism Market socialism Minarchism Mutualism Neolibertarianism Paleolibertarianism Progressive libertarianism Propertarianism Right-libertarianism Rights libertarianism Voluntaryism Origins Objectivism Austrian School Chicago School Classical liberalism Individualist anarchism Ideas Civil liberties Counter-economics Decriminalization Economic freedom Free markets Free trade Free will Freedom of contract Homestead principle Humanism Individualism Laissez-faire Liberty Natural rights Night watchman state Non-aggression Non-interventionism Private property Self-government Self-ownership Subjectivism Tax resistance Topics History Movement Controversies within libertarianism Parties Theories of law Views of rights Criticism of libertarianism Related Civil libertarianism Constitutionalism Libertarian Democrat Libertarian Republican Libertarian transhumanism Philosophy Portal Politics Portal  v • d • e

Law, Legislation and Liberty is the 1973 magnum opus in three volumes by Nobel laureate economist and political philosopher Friedrich Hayek. In it, Hayek further develops the philosophical principles he discussed earlier in The Road to Serfdom, The Constitution of Liberty, and other writings. Law, Legislation and Liberty is more abstract than Hayek's earlier work, and it focuses on the conflicting views of society as either a design, a made order ("taxis"), on the one hand, or an emergent system, a grown order ("cosmos"), on the other. These ideas are then connected to two different forms of law: law proper, or "nomos" coinciding more or less with the traditional concept of natural law, which is an emergent property of social interaction, and legislation, or "thesis", which is properly confined to the administration of non-coercive government services, but is easily confused with the occasional acts of legislature that do actually straighten out flaws in the nomos.

[edit] Table of Contents

• Volume 1- Rules and Order, University of Chicago Press, 1973 ISBN 0226320863

1. Reason and Evolution
2. Cosmos and Taxis
3. Principles and Expediency
4. The Changing Concept of Law
5. Nomos: The Law of Liberty
6. Thesis: The Law of Legislation

• Volume 2- The Mirage of Social Justice, University of Chicago Press, 1976 ISBN 0226320839

1. General Welfare and Particular Purposes
2. The Quest for Justice
3. 'Social' or Distributive Justice
4. The Market Order or Catallaxy
5. The Discipline of Abstract Rules and the Emotions of the Tribal Society

• Volume 3- The Political Order of a Free People, University of Chicago Press, 1979 ISBN 0226320901

1. Majority Opinion and Contemporary Democracy
2. The Division of Democratic Powers
3. The Public Sector and the Private Sector
4. Government Policy and the Market
5. The Miscarriage of the Democratic Ideal: A Recapitulation
6. A Model Constitution
7. The Containment of Power and the Dethronement of Politics

Epilogue: The Three Sources of Human Values

[edit] See also

• Austrian economics
• Philosophy of law
• Catallaxy

[edit] External links

• Podcast featuring Prof. Don Boudreaux Donald Boudreaux discusses Law, Legislation and Liberty on EconTalk.