Hayek, law philosopher

In this paper we analyze the relationship between Hayek's theory of the state and law and the constitutionalist tradition of the eighteenth and nineteenth centuries, with a focus on Hayek's evolutionists interpretation of the origin of social institutions. I will suggest the specificity of the evolutionist approach in the context of the concept of separation of powers, and especially the functional role of the legal system, and specific emphasis on the role of the judges in the development of law. A key aspect that characterizes Hayek's approach to the theory of law is a strong emphasis on the verge of rationality and, consequently, increased the importance of customary and traditional norms in preserving the rationality of the legal system

Hayek and the Common Law

I will examine Hayek’s distinction between spontaneously-emerging, “bottom-up” social orders (as chiefly instantiated in the common law) and coercive, “top-down” social orders (as instantiated in commands of a sovereign). I will discuss the significance of this distinction for liberal political theory, and its ramifications for other fields, mainly law and economics

Law and Freedom in Tragedy and Philosophy

The tension and conflicts between the rule of law and the requirements of human freedom are not recent discoveries. The Greek tragedians explored these issues millennia ago, recognizing that philosophical problems could make affecting drama. In “Antigone,” for instances, Sophocles explores the ramifications of one woman’s decisions to disobey the law in order to follow moral standards, and what this says about the value of autonomous moral judgement. In his “Oresteia” trilogy, Aeschylus explores the importance of the rule of law for a stable social order, one which eschews vengeful retribution. Both seem to have a valid point, but his highlights the philosophical problem: what is the relationship of law to a free society? How should individual judgements of morality be regarded relative to the necessity of legal order? My work will explore these questions by way of responding to these tragedies and a variety of philosophical writings that treat them explicitly