عنوان

Law, Legislation and Liberty :

(Number (ISBN

1134524390

(Number (ISBN

9781134524396

Number

b536736

Title Proper

Law, Legislation and Liberty :

General Material Designation

[Book]

Other Title Information

a New Statement of the Liberal Principles of Justice and Political Economy.

First Statement of Responsibility

F A Hayek

Place of Publication, Distribution, etc.

Hoboken

Name of Publisher, Distributor, etc.

Taylor and Francis

Date of Publication, Distribution, etc.

2013

Specific Material Designation and Extent of Item

(1172 pages)

Text of Note

Law and statute-the enforcement of law and the execution of commands.

Text of Note

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.

Text of Note

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

Democracy.

Economic policy.

Liberty.

F A Hayek

F A Hayek

Electronic name

[Book]

Y