Hayek and the Rule of Law
Date: Monday, May 7, 2018
Guest Discussion Leader: Bobbi Herzberg
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?