 First edition dust jacket | |
| Author | Friedrich Hayek |
|---|---|
| Language | English |
| Subject | Politics, Economics |
| Publisher | University of Chicago Press (US) |
Publication date | 1960 |
| Publication place | United States |
| Media type | |
| Pages | 576 |
| ISBN | 0-226-32084-7 |
The Constitution of Liberty is a book written by Friedrich Hayek, first published in 1960 by the University of Chicago Press. Many scholars have considered The Constitution of Liberty as the most important work by Hayek. [1]
In 1950, when Hayek moved to Chicago, he had been working on The Abuse and Decline of Reason essays for a while; some of the early findings had been published in Individualism and Economic Order (1948), and more would be published in The Counter-Revolution of Science (1952). He was interested in the connection between societal transformation and the manner in which scientific knowledge is presented. In comparison to being a member of the economics department, he fared substantially better on the Committee on Social Thought. On March 7, 1954, Hayek requested funding from the Guggenheim Foundation for his travels to Italy and Greece. He did this not only for his study of John Stuart Mill, but also because he believed that visiting these non-industrialized regions would help him better understand how tradition and culture develop in agrarian societies. He was concerned in the development of nonrational, but nonverbally explicit, rules and traditions. He planned to publish two books on the liberal order, The Constitution of Liberty and "The Creative Powers of a Free Civilization" (eventually the title for the second chapter of The Constitution of Liberty). He completed The Constitution of Liberty in May 1959, with publication in February 1960. [2]
According to Bruce Caldwell, the challenges posed by H. D. Dickinson and John Maynard Keynes to Hayek's ideas on political philosophy and economics, Dickinson asked for a positive program from opponents of collectivism, while Keynes wanted guidance on where to draw the line between good and bad government intervention. Hayek addressed these challenges in this book. [3]
Liberty as the absence of coercion by others is different with political freedom, inner freedom, and freedom as power or ability. Liberty is a distinct good that allows individuals to pursue their own goals without coercion, according to Hayek. Because liberty makes individuals pursue diverse paths and adapt to changing circumstances, liberty is essential for innovation and progress. But Hayek warns against excessive control and the potential stifling of spontaneous forces essential for societal advancement. In a free society the advancement of the wealthy can benefit the rest, by making new innovations and standards of living. [4]
Hayek contrasts two appraches on liberty and reason; rationalistic and evolutionary. Rationalistic approaches emphasize deliberate design and control, and evolutionary perspectives stress the importance of tradition, spontaneous order, and the limitations of human reason. Due to the inherent complexity and unpredictability of human civilization, human reason must operate within the framework of societal evolution. [4]
The decline in esteem for individual responsibility and individual liberty is the result of wrong interpretation of the lessons of science. Responsibility has become a legal concept. But it is no less a moral concept. Attitude toward the working of social order, approval or disapproval of the manner where it determines the relative position of individuals, is closely linked with the views about responsibility. The sense of responsibility has been weakened, by overextending the range of an individual’s responsibilities as by absolving him from the actual consequences of his actions. Effective responsibility must be individual responsibility. [4]
Equality of the general rules of law and conduct is conducive to liberty. It is bound to produce inequality in many respects. The transmission of standards and traditions within a family is intricately linked to the ability to pass on material possessions. It is challenging to comprehend how restricting the improvement of material circumstances to just one generation would benefit the genuine welfare of society.
The inheritance of property and the role it plays in transmitting wealth across generations, the evolving perception of equality are discussed. Where Hayek argues value and merit, he writes that rewarding individuals based on perceived merit can undermine freedom and create societal tensions. Hayek challenges conventional ideas about equality, merit, and justice, advocating for a nuanced understanding of these concepts in the context of individual freedom and societal organization. [4]
Democracy serves as a mechanism for establishing laws, whereas liberalism focuses on the fundamental principles that shape those laws. Hayek stresses the significance of recognizing that democracy alone does not automatically ensure the existence of sound legislation, and highlights the necessity of shared principles to steer decisions made by the majority. Furthermore, he explores the perils associated with unrestrained majority authority, advocating for the safeguarding of individual freedoms within democratic frameworks. [4]
Liberalism and democracy share a complex relationship, necessitating limitations on government authority to ensure effective governance. Hayek explores the evolving dynamics between independent individuals and the employed majority, particularly within the framework of capitalism and democracy. The significance of maintaining a balance between independence and employment is underscored, underscoring the need for a substantial number of independent individuals to safeguard freedom and diversity in society. Additionally, Hayek delves into the role of affluent individuals in supporting non-materialistic pursuits. Furthermore, he counters the demonization of wealth and success, contending that restricting individual achievements could impede societal progress. [4]
The importance of protecting individual spheres from interference is discussed. Property rights are essential for preventing coercion. Coercion prevention is a primary function of the state, while moral rules and conventions exert pressure on behavior without constituting severe coercion. These noncoercive rules facilitate social interaction without severely impeding liberty. Hayek discusses the concept of law and its relationship to freedom within society. Law as a set of general, abstract rules that apply equally to everyone, provides a secure and free sphere for individual action. [4]
The distinction between laws and specific commands is discussed. Laws are characterized by their generality and abstractness, allowing individuals to make their own decisions within the framework provided by the law. Hayek also argued how laws serve to coordinate individual actions, help mutual cooperation, and establish order in society without the need for centralized direction. The rule of law is essential for preserving individual liberty and enabling effective social organization. [4]
Hayek traces the evolution of individual liberty from 17th-century England. He surveys medieval and classical influences, English struggles for liberty, philosophical justifications by figures like John Locke, and the consolidation of these ideals in the 18th century. There are challenges to traditional liberty concepts, particularly from French revolutionary thought, leading to shifts in political ideologies. The development of constitutionalism in America, contributes to the formation of state constitutions and the drafting of the federal Constitution. The influence of Bills of Rights, the principle of separation of powers, and the role of judicial review in safeguarding individual rights and limiting government powers are discussed. The narrative extends to the challenges faced by the American Constitution, including conflicts between the Executive and the Supreme Court. He emphasizes the importance of the American experiment in constitutionalism, noting its enduring success while acknowledging ongoing challenges and the need for constant vigilance to uphold the rule of law. Hayek discusses the historical development of the concept of the rule of law, focusing on its evolution in Europe, notably in Germany and France. He highlights the tension between the ideal of the rule of law and the realities of administrative power, emphasizing how administrative machinery often expanded at the expense of individual liberties despite efforts to establish constitutional limits. He discussed the establishment of administrative courts in Germany as a means to achieve judicial control over administrative actions, contrasting this with the situation in England. Ultimately, he reflects on the challenges and contradictions in realizing the rule of law amidst the growth of bureaucratic power and the emergence of the welfare state. [4]
The concept and importance of the rule of law are in ensuring individual liberty within a society governed by democratic principles. The need for clear rules that govern governmental actions, limiting administrative discretion and ensuring that coercive powers are exercised within defined legal boundaries. The judicial review controls administrative decisions and protecting individual rights. Hayek touches on the balance between individual freedoms and necessary government intervention, particularly in times of emergency, stressing the importance of compensation for any infringements on individual rights. He underscores the significance of the rule of law over procedural safeguards alone, warning against a mere adherence to legal formalities without a true commitment to the underlying principles of justice and fairness. The concept of freedom in economic affairs functions within the framework of the rule of law. Figures like Adam Smith and John Stuart Mill advocated for economic freedom within legal boundaries, emphasizing the importance of general rules over government intervention. The distinction between legitimate government activities, such as providing services and setting standards, and arbitrary control over prices and quantities is highlighted. Hayek argues against the pursuit of distributive justice, which conflicts with the rule of law and may lead to the abandonment of free market principles in favor of a centrally planned economy. Hayek underscores maintaining the rule of law is important to preserve individual freedom and economic efficiency. [4]
Hayek outlines a historical narrative focusing on the erosion of the rule of law in various Western countries, particularly in England and the United States, from the late 19th century to the mid-20th century. He highlights the transition towards administrative discretion over fixed legal rules, influenced by socialist ideologies and the perceived need for efficiency in governance. The narrative discusses key figures and movements, such as the Fabian movement in Britain and the public administration movement in the United States, which advocated for greater governmental control at the expense of individual liberties. Hayek also examines intellectual trends that undermined traditional legal principles, including attacks on the certainty of law and the promotion of administrative absolutism. Despite these trends, Hayek identifies signs of a reaction against these developments, particularly in countries that experienced totalitarian regimes, and emphasizes the importance of preserving the rule of law within a democratic framework. He concludes by acknowledging efforts to revive the tradition of the rule of law but notes a lack of clear awareness of its implications in contemporary society. [4]
"Why I am Not a Conservative" is a critique of conservatism. Conservatism is too focused on preserving the status quo and is resistant to change, therefore, can lead to a lack of progress and innovation, and conservatism is often associated with authoritarianism, and it can be a threat to individual liberty, for Hayek. [4]
Postscript: Why I am Not a Conservative
Sidney Hook criticized Hayek's belief in the superiority of tradition over reason and his rejection of intelligent social control. Hook argued that history shows the dangers of relying solely on non-rational processes, and planning can coexist with democracy and freedom. Hook also criticizes Hayek's narrow definition of freedom and his binary thinking. While he acknowledged Hayek's value as a cautionary voice, he ultimately said that Hayek's economic philosophy could lead to disaster. [5]
Lionel Robbins agreed with Hayek's emphasis on the non-rational element in social habits and institutions, but expressed concern that this emphasis may lead to indiscriminate acceptance and admiration of all institutions and habits, including those that are harmful. Robbins noted a contrast between Hume and Burke, with Hume being more willing to subject institutions to critical scrutiny based on public utility, while Burke's conservatism sometimes becomes indefensible. Robbins also disagreed with Hayek's classification of nineteenth century English Utilitarians as "false" Continental Rationalists, and argued that their thought was squarely within the tradition of English empiricism and not deserving of the label "false" liberalism. Robbins also suggested that Bentham and his followers were not doctrinaire individualists, but rather had nuanced views on economic organization and were not necessarily supportive of collectivization. [6]
Frank Knight criticized Hayek for its lack of attention to the critical events and principles of the Liberal Revolution that established democratic societies, emphasizing the importance of democracy, political order, and rule of law. Knight criticized Hayek for being scornful towards politically organized freedom. Knight accused Hayek of making anarchist statements that exclude rulers and limit legislation logically, and that Hayek's criticisms of democracy imply that the government should do nothing unless to enforce universally known laws. He also criticized Hayek's treatment of equality, arguing that his extreme absolutism is a mistake. Knight further accused Hayek of reaching a supreme absurdity in his discussion of equality of opportunity, ignoring the role of social structures in shaping opportunities and the consequences of history and social forces on individual achievements. [7]
Jacob Viner argued that Hayek's conclusions are unconditional because Hayek selected extreme positions to attack and works with a limited set of values. According to Viner, This approach can lead to logical fallacies, such as attacking a straw man or the fallacy of the unexplored remainder. He also questioned Hayek's doctrine appears similar to social Darwinism and historicism. [8]
Ronald Hamowy criticized Hayek's views on coercion and the difficulty in defining it within his theoretical framework. He criticized Hayek's proposed framework, arguing that it allows for the concentration of power in the hands of the state and can lead to the overthrow of personal liberty. Hamowy concluded that Hayek's position on coercion and freedom must be rejected due to its inconsistencies. [9] Hayek responded to Hamowy's criticism. [10]
The Constitution of Liberty was notably held up at a British Conservative Party policy meeting and banged on the table by Margaret Thatcher, who reportedly interrupted a presentation to indicate, in reference to the book, that "This is what we believe". [11] [12] [13]
The Constitution of Liberty was placed 9th on the list of the 100 best non-fiction books of the twentieth century compiled by the biweekly conservative magazine National Review . [14]
Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics and civil liberties under the rule of law, with special emphasis on individual autonomy, limited government, economic freedom, political freedom and freedom of speech. Classical liberalism, contrary to liberal branches like social liberalism, looks more negatively on social policies, taxation and the state involvement in the lives of individuals, and it advocates deregulation.
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all people should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.
Friedrich August von Hayek, often referred to by his initials F. A. Hayek, was an Austrian-British academic who contributed to economics, political philosophy, psychology, and intellectual history. Hayek shared the 1974 Nobel Memorial Prize in Economic Sciences with Gunnar Myrdal for work on money and economic fluctuations, and the interdependence of economic, social and institutional phenomena. His account of how prices communicate information is widely regarded as an important contribution to economics that led to him receiving the prize.
Distributive justice concerns the socially just allocation of resources, goods, opportunity in a society. It is concerned with how to allocate resources fairly among members of a society, taking into account factors such as wealth, income, and social status. Often contrasted with just process and formal equal opportunity, distributive justice concentrates on outcomes. This subject has been given considerable attention in philosophy and the social sciences. Theorists have developed widely different conceptions of distributive justice. These have contributed to debates around the arrangement of social, political and economic institutions to promote the just distribution of benefits and burdens within a society. Most contemporary theories of distributive justice rest on the precondition of material scarcity. From that precondition arises the need for principles to resolve competing interest and claims concerning a just or at least morally preferable distribution of scarce resources.
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice . The theory uses an updated form of Kantian philosophy and a variant form of conventional social contract theory. Rawls's theory of justice is fully a political theory of justice as opposed to other forms of justice discussed in other disciplines and contexts.
Economic freedom, or economic liberty, refers to the agency of people to make economic decisions. This is a term used in economic and policy debates as well as in the philosophy of economics. One approach to economic freedom comes from the liberal tradition emphasizing free markets, free trade, and private property. Another approach to economic freedom extends the welfare economics study of individual choice, with greater economic freedom coming from a larger set of possible choices. Other conceptions of economic freedom include freedom from want and the freedom to engage in collective bargaining.
Spontaneous order, also named self-organization in the hard sciences, is the spontaneous emergence of order out of seeming chaos. The term "self-organization" is more often used for physical changes and biological processes, while "spontaneous order" is typically used to describe the emergence of various kinds of social orders in human social networks from the behavior of a combination of self-interested individuals who are not intentionally trying to create order through planning. Proposed examples of systems which evolved through spontaneous order or self-organization include the evolution of life on Earth, language, crystal structure, the Internet, Wikipedia, and free market economy.
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, Ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system.
Frank Straus Meyer was an American philosopher and political activist best known for his theory of "fusionism" – a political philosophy that unites elements of libertarianism and traditionalism into a philosophical synthesis which is posited as the definition of modern American conservatism. Meyer's philosophy was presented in two books, primarily In Defense of Freedom: A Conservative Credo (1962) and also in a collection of his essays, The Conservative Mainstream (1969). Fusionism has been summed up by E. J. Dionne, Jr. as "utilizing libertarian means in a conservative society for traditionalist ends".
Criticism of socialism is any critique of socialist economics and socialist models of organization and their feasibility, as well as the political and social implications of adopting such a system. Some critiques are not necessarily directed toward socialism as a system but rather toward the socialist movement, parties, or existing states. Some critics consider socialism to be a purely theoretical concept that should be criticized on theoretical grounds, such as in the economic calculation problem and the socialist calculation debate, while others hold that certain historical examples exist and that they can be criticized on practical grounds. Because there are many types of socialism, most critiques are focused on a specific type of socialism, that of the command economy and the experience of Soviet-type economies that may not apply to all forms of socialism as different models of socialism conflict with each other over questions of property ownership, economic coordination and how socialism is to be achieved. Critics of specific models of socialism might be advocates of a different type of socialism.
Criticism of libertarianism includes ethical, economic, environmental and pragmatic concerns. With right-libertarianism, critics have argued that laissez-faire capitalism does not necessarily produce the best or most efficient outcome, and that libertarianism's philosophy of individualism and policies of deregulation fail to prevent the abuse of natural resources. Criticism of left-libertarianism is instead mainly related to anarchism. Left and right-libertarians also engage in criticism of each other.
Isonomia was a word used by ancient Greek writers such as Herodotus and Thucydides to refer to some kind of popular government. It was subsequently eclipsed until brought back into English as isonomy. Economist Friedrich Hayek attempted to popularize the term in his book The Constitution of Liberty and argued that a better understanding of isonomy, as used by the Greeks, defines the term to mean "the equal application of the laws to all."
Law, Legislation and Liberty (1973–1979) is a work in three volumes by Nobel laureate economist and political philosopher Friedrich Hayek.
The political philosophy of Immanuel Kant (1724–1804) favoured a classical republican approach. In Perpetual Peace: A Philosophical Sketch (1795), Kant listed several conditions that he thought necessary for ending wars and creating a lasting peace. They included a world of constitutional republics by establishment of political community. His classical republican theory was extended in Doctrine of Right (1797), the first part of Metaphysics of Morals. At the end of the 20th century Kant's political philosophy had been enjoying a remarkable renaissance in English-speaking countries with more major studies in a few years than had appeared in the preceding many decades.
Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property and equality before the law. Liberals espouse various and often mutually warring views depending on their understanding of these principles but generally support private property, market economies, individual rights, liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.
Individualism and Economic Order is a book written by Friedrich Hayek. It is a collection of essays originally published in the 1930s and 1940s, discussing topics ranging from moral philosophy to the methods of the social sciences and economic theory to contrast free markets with planned economies. It contains several of his major contribution to the fields of economics, philosophy, and political science. Published in 1948, the book is widely considered a classic of libertarian thought. Hayek presents his vision of individualism as a cornerstone of economic and social theory.
The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services.
Ronald Hamowy was a Canadian academic, known primarily for his contributions to political and social academic fields. At the time of his death, he was professor emeritus of intellectual history at the University of Alberta in Edmonton, Canada. Hamowy was closely associated with the political ideology of libertarianism and his writings and scholarship place particular emphasis on individual liberty and the limits of state action in a free society. He is associated with a number of prominent American libertarian organizations.
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order.
Quotations related to The Constitution of Liberty at Wikiquote