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 ident...