Hayek and the Rule of Law
Date: Tuesday, September 27, 2016
Guest Discussion Leader: Derek Yonai Managing Director of the O’Neil Center for Global Markets and Freedom, Research Associate Professor in the Cox School of Business at Southern Methodist University, and Senior Research Fellow at the Institute for Faith, Work & Economics and on the Research Advisory Council of the James Madison Institute.
The rule of law is the foundation, the pediment, of a free society. This session will explore Friedrich Hayek’s vision of a “constitution of liberty” centered on the rule of law.
Hayek, Friedrich A., The Constitution of Liberty (1960). Chapter 12, “The American Contribution: Constitutionalism.” pp. 176-192.
McCarthy, Andrew C. Faithless Execution: Building the Political Case for Obama’s Impeachment (2014). Introduction, “The Ruler of Law.” pp. 1-7.
1. What are the principal American contributions to Constitutionalism according to Hayek? How did Americans move beyond a simple articulation of “the rights of Englishmen”?
2. American constitutionalism simply the product of “design”? What other factors play a role in the development of our tradition?
3. What role do “general principles” play in the Hayekian understanding of law?
4. What lesson can be learned from the “forgetting” of the ninth amendment—and its more recent rediscovery?