Psychology Dictionary of ArgumentsHome
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| Law: Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior. Law helps to maintain and protect people's rights. See also Rights, Society, State, Jurisdiction._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Friedrich A. von Hayek on Law - Dictionary of Arguments
Parisi I 282 Law/Hayek/Menger: The process of rule evolution or generation in a common law system is based on trial and error (Hayek, 2011/1960(1), pp. 122–125). Therefore at any given point in time some rules or application of rules will simply be wrong. In other words, they will be ripe for revision as the process continues. For Hayek, the primary focus is on the overall system. The system is or should be the primary object of normative evaluation. Its mistakes are in a sense simply part of the process. Menger: It should be noted that Menger did not share Hayek’s presumption that common law was more conducive to the general welfare than statutory law. He argued, “For common law has also proved harmful to the common good often enough, and on the contrary, legislation has just as often changed common law in a way benefitting the common good” (1985(2), p. 233). Menger believed that common law could serve the common welfare without a single mind directing its development, but this need not occur. 1. Hayek, F. A. (2011/1960). Constitution of Liberty: The Definitive Edition. Chicago: University of Chicago Press. 2. Menger, C. (1985). Investigations Into the Method of the Social Sciences. New York: New York University Press. Rajagopalan, Shruti and Mario J. Rizzo “Austrian Perspectives on Law and Economics.” In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Hayek I Friedrich A. Hayek The Road to Serfdom: Text and Documents--The Definitive Edition (The Collected Works of F. A. Hayek, Volume 2) Chicago 2007 Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
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