Law, Legislation and Liberty: A New Statement of the Liberal Principles of Justice and Political Economy, vols.1-3

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company. Combines all three volumes of Hayek's comprehensive study of the basic principles of the political order of free society: Rules and Order, The Mirage of Social Justice and The Political Order of a Free Society.'A careful and brilliant statement of the conditions of human freedom. It is a major work of political and economic philosophy which sets terms that neither its friends or critics can ignore.'- THES Combines all three volumes of Hayek's comprehensive study of the basic principles of the political order of free Rules and Order, The Mirage of Social Justice and The Political Order of a Free Society. 'A careful and brilliant statement of the conditions of human freedom. It is a major work of political and economic philosophy which sets terms that neither its friends or critics can ignore.' - THES Contents:Volume 1 Rules and order, Volume 2 The mirage of social justice, Volume 3 The political order of a free people. Not only the rules of just conduct, but also the test of their justice, are The rationale of the economic game in which only the conduct of the players The maximal coincidence of expectations is achieved by the delimitation of All valid criticism or improvement of rules of conduct must proceed within A free society is a pluralistic society without a common hierarchy of ends 11 THE DISCIPLINE OF ABSTRACT RULES AND THE EMOTIONS OF THE TRIBAL SOCIETY The aim of jurisdiction is the maintenance of an ongoing order of actions The articulations of the law and the predictability of judicial decisions The transformation of private law into public law by 'social' legislation Rules of just conduct protect only material domains and not market values The Good Society is one in which the chances of anyone selected at random The rule of the majority versus the rule of laws approved by the majority The modern development of law has been guided largely by false economics To perform their functions rules must be applied throughout the long run Why the extreme forms of constructivist rationalism regularly lead to a In judging the adaptations to changing circumstances comparisons of the The correspondence of expectations is brought about by a disappointment Abstract rules of conduct can determine only chances and not particular Spontaneous orders result from their elements obeying certain rules of Freedom can be preserved only by following principles anc is destroyed Law and statute - the enforcement of law and the execution of commands Coalitions of organized interests and the apparatus of para-government If the factual requirements of 'perfect' competition are absent, it is The wrong turn taken by the development of representative institutions In society, reliance on spontaneous order both extends and limits our The 'necessities' of policy are generally the consequences of earlier In a dynamic order of actions only some expectations can be protected Though not a single economy, the Great Society is still held together Specific commands ('interference') in a catallaxy create disorder and The causes of the revival of the organizational thinking of the tribe Attempts to 'correct' the order of the market lead to its destruction The loss of the original conception of the functions of a legislature Existing representative institutions have been shaped by the needs of The danger of attaching greater importance to the predictable rather The pursuit of unattainable goals may prevent the achievement of the Unlimited power the fatal effect of the prevailing form of democracy Bodies with powers of specific direction are unsuited for law-making The distinctive attributes of law arising from custom and precedent Abstrac rules operate as ultimate values because they serve unknown The significance of the negative character of the test of injustice The consequences of a political determination of the incomes of the Legislation originates from the necessity of establishing rules of The significance of abstract rules in a world in which most of the Rules of just conduct are generally prohibitions of unjust conduct The advantages of competition do not depend on it being 'perfect ' The destruction of indispensable values by scientific error: Freud The aim of policy in a society of free men cannot be a maximum of From the care of the most unfortunate to the protection of vested The requisite division of the powers of representative assemblies The para-government of organized interests and the hypertrophy of Will and opinion, ends and values, commands and rules, and other In the Great Society 'social justice' becomes a disruptive force The concurrent evolution of mind and society: the role of rules The spontaneous order of society is made up of individuals and In a free society the general good consists principally in the The aim of law should be to improve equally the chances of all The rules of spontaneous orders and the rules of organization How the task of the judge differs from that of the head of an A game according to rules can never know justice of treatment Spurious realism and the required courage to consider utopia The function of the judge is confined to a spontaneous order The mental bias of a legislature preoccupied with government The character of existing 'legislatures' determined by their 16 THE MISCARRIAGE OF THE DEMOCRATIC IDEAL: A RECAPITULATION 18 THE CONTAINMENT OF POWER AND THE DETHRONEMENT OF POLITICS 'Actions towards others' and the protection of expectations The alleged necessity of a belief in the justice of rewards The construction of new morals to serve old instincts: Marx The weakness of an elective assembly with unlimited powers Party legislation leads to the decay of democratic society Not individual, but group selfishness is the chief threat The two representative bodies with distinctive functions The govermnental functions of representative assemblies Than to the merely possible consequences of our action Legislation and the theory of the separation of powers The conquest of public imagination by 'social justice' The general problem of the effects of values on facts Agreement on general rules and on particular measures Peace, freedom and justice: the three great negatives The devolution of internal policy to local government The persistence of constructivism in current thought The immoral consequences of morally inspired efforts Separation of powers to prevent unlimited government Further observations on representation by age groups The abolition of the government monopoly of services The distinguishing properties of spontaneous orders 'Generalization' and the test of universalizability APPENDIX TO CHAPTER 9 JUSTICE AND INDIVIDUAL RIGHTS The revolt against the discipline of abstract rules The re-emergence of suppressed primordial instincts The resentment of the loss of accustomed positions The lessons of ethology and cultural anthropology The evolution of self-maintaining complex SYSTEMS The false dichotomy of 'natural' and 'artificial Why grown law requires correction by legislation The inapplicability of the concept of justice to The morals of the open and of the closed society Not possible to make firms act 'as if'it existed Facilities for the pursuit of unknown purposes By what vulgarly are called economic relations The role of the lawyer in political evolution The value of a model of an ideal constitution Claims for compensation for distasteful jobs Foreknown results but only an abstract order The old conflict between loyalty and justice New with the former position are irrelevant 14 THE PUBLIC SECTOR AND THE PRIVATE SECTOR EPILOGUE: THE THREE SOURCES OF HUMAN VALUES 'Social justice' and freedom under the law Taxation and the size of the public sector The general interest and collective goods Moral confusion and the decay of language The permanent limitations of our factual The process of articulation of practices The classical and the medieval tradition Justice is an attribute of human conduct The true content of the democratic ideal Administrative law and the police power The stratification of rules of conduct The rise of the evolutionary approach Are likely to be as great as possible The delimitation of the public sector INDEX OF AUTHORS CITED IN VOLUMES 1-3 The results of a spontaneous process The small group in the Open Society The achievements of the free market But not the result can be just There is no 'value to society' The nature of the market order