Confusion about Hayek’s Confusion: a Response to Morison
نویسنده
چکیده
In my article, Hayek, the Common Law, and Fluid Drive,1 I criticize the argument Friedrich Hayek presents for the “law of liberty” in the first volu m e of Law, Legislation and Liberty.2 I suggest that Hayek confuses customary law, which he refers to as “grow n” law , with modern common law, which he refers to as “ju d ge-m ad e” law , and writes as though these distinct types of law were identical. In Custom, Reason and the Common Law: A Reply to Hasnas,3 Samuel Morison takes issue with my thesis on two grounds: that I fail to recognize that Hayek is making a normative argument for an ideal liberal
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