According to Friedrich Hayek, conformity to the rule of law guarantees the existence of a free society, that is of a society governed by law and not by men. The aim of this paper is first to clarify the interpretation of the rule of law that is likely to sustain such a claim and second, to determine how far such an interpretation could allow for the criteria –specially the economic criteria — used by Hayek himself to ascertain the acceptability of laws. My conclusion is that the use of some of these criteria does conflict with a systematic conception of law and that far from confirming the determinant role of the rule of law, it rather allows for the arbitrariness of those who make laws.
Tag: impartiality
La loi de la liberté
According to Friedrich Hayek, conformity to the rule of law guarantees the existence of a free society, that is of a society governed by law and not by men. The aim of this paper is first to clarify the interpretation of the rule of law that is likely to sustain such a claim and second, to determine how far such an interpretation could allow for the criterian — specially the economic criteria — used by Hayek himself to ascertain the acceptability of laws. My conclusion is that the use of some of these criteria does conflict with a systematic conception of law and that far from confirming the determinant role of the rule of law, it rather allows for the arbitrariness of those who make laws.