Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory
The article is devoted to the re-problematisation of F.A. Hayek's legacy in philosophy of law and social theory. Taking as an example the works of SPSU professor I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates several inadequacies of the current...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law
2020-12-01
|
| Series: | Антиномии |
| Subjects: | |
| Online Access: | http://yearbook.uran.ru/images/files/20_4_101_123.pdf |
| _version_ | 1818435554366193664 |
|---|---|
| author | Ruslan S. Raab |
| author_facet | Ruslan S. Raab |
| author_sort | Ruslan S. Raab |
| collection | DOAJ |
| description | The article is devoted to the re-problematisation of F.A. Hayek's legacy in
philosophy of law and social theory. Taking as an example the works of SPSU professor
I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates
several inadequacies of the current literature on Hayek's legal philosophy. In criticizing
these highly debatable approaches, the author describes multiple but rarely considered
nuances of Hayek's conception of law, which seem to be necessary for adequate
understanding of his works. In the author's view, only these details allow to cast some
doubt on stereotypes about Hayek as a sort of “liberal ideologist” and unfold the true
original potential of his philosophy. The main hypothesis of the article is that the key
to this original potential lies not in Hayek's theory of freedom and market, but in his
fundamental epistemological views. The ideal of freedom is not enough to discriminate
between what is “just law” and what is not in hayekian theory. Only by the means of Hayek's
epistemology we can separate law as “rules of just conduct” from other types of social
institutions in his theory. This separation is based on broader epistemological separation
of “simple” and “complex” phenomena in Hayek's theory of knowledge, which is reflected
in his distinction between “organization” (Taxis) and “spontaneous order” (Kosmos). Since
only the last of them represents a «complex phenomenon», it means that only a system
of special meta-rational rules of conduct can provide an epistemically restricted social
actor with an ability to act effectively in such a complex and rationally unknowable social
structure. It is argued that only this “technical” capacity of meta-rational just law can be
seen as the true basis of Hayek's theory of law. Neither hayekian theory of freedom, nor his
theory of market can shed light on the Hayek’s most important and original contribution
in the domain of legal theory. It is Hayek's epistemology that can be seen as the ultimate
foundation of his conception of lawn. |
| first_indexed | 2024-12-14T16:54:44Z |
| format | Article |
| id | doaj.art-919ee863eeec4028ae9bad428f9706e6 |
| institution | Directory Open Access Journal |
| issn | 2686-7206 2686-925X |
| language | English |
| last_indexed | 2024-12-14T16:54:44Z |
| publishDate | 2020-12-01 |
| publisher | Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law |
| record_format | Article |
| series | Антиномии |
| spelling | doaj.art-919ee863eeec4028ae9bad428f9706e62022-12-21T22:54:00ZengUral Branch of the Russian Academy of Sciences, Institute of Philosophy and LawАнтиномии2686-72062686-925X2020-12-0120410112310.24411/2686-7206-2020-10406Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social TheoryRuslan S. RaabThe article is devoted to the re-problematisation of F.A. Hayek's legacy in philosophy of law and social theory. Taking as an example the works of SPSU professor I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates several inadequacies of the current literature on Hayek's legal philosophy. In criticizing these highly debatable approaches, the author describes multiple but rarely considered nuances of Hayek's conception of law, which seem to be necessary for adequate understanding of his works. In the author's view, only these details allow to cast some doubt on stereotypes about Hayek as a sort of “liberal ideologist” and unfold the true original potential of his philosophy. The main hypothesis of the article is that the key to this original potential lies not in Hayek's theory of freedom and market, but in his fundamental epistemological views. The ideal of freedom is not enough to discriminate between what is “just law” and what is not in hayekian theory. Only by the means of Hayek's epistemology we can separate law as “rules of just conduct” from other types of social institutions in his theory. This separation is based on broader epistemological separation of “simple” and “complex” phenomena in Hayek's theory of knowledge, which is reflected in his distinction between “organization” (Taxis) and “spontaneous order” (Kosmos). Since only the last of them represents a «complex phenomenon», it means that only a system of special meta-rational rules of conduct can provide an epistemically restricted social actor with an ability to act effectively in such a complex and rationally unknowable social structure. It is argued that only this “technical” capacity of meta-rational just law can be seen as the true basis of Hayek's theory of law. Neither hayekian theory of freedom, nor his theory of market can shed light on the Hayek’s most important and original contribution in the domain of legal theory. It is Hayek's epistemology that can be seen as the ultimate foundation of his conception of lawn.http://yearbook.uran.ru/images/files/20_4_101_123.pdffriedrich august von hayektheory of lawlaw and institutional valueslaw and social orderepistemology |
| spellingShingle | Ruslan S. Raab Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory Антиномии friedrich august von hayek theory of law law and institutional values law and social order epistemology |
| title | Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory |
| title_full | Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory |
| title_fullStr | Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory |
| title_full_unstemmed | Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory |
| title_short | Friedrich August von Hayek's Conception of Law: Between Liberal Ideology and Social Theory |
| title_sort | friedrich august von hayek s conception of law between liberal ideology and social theory |
| topic | friedrich august von hayek theory of law law and institutional values law and social order epistemology |
| url | http://yearbook.uran.ru/images/files/20_4_101_123.pdf |
| work_keys_str_mv | AT ruslansraab friedrichaugustvonhayeksconceptionoflawbetweenliberalideologyandsocialtheory |