1st Edition

Law, Legislation, and Liberty A New Statement of the Liberal Principles of Justice and Political Economy

Edited By Jeremy Shearmur, F.A. Hayek Copyright 2023

    A new edition of F. A. Hayek’s three-part opus Law, Legislation, and Liberty, collated in a single volume

    In this critical entry in the Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview. 

    These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce "spontaneous order"; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom. 

    Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.

    Editorial Preface
    Editor’s Introduction

    Law, Legislation, and Liberty

    Consolidated Preface to the One-Volume Edition

    Volume 1    Rules and Order

    Introduction

    1          Reason and Evolution
     
    2          Cosmos and Taxis

    3          Principles and Expediency
     
    4          The Changing Concept of Law
     
    5          Nomos: The Law of Liberty
     
    6          Thesis: The Law of Legislation
     
    Volume 2    The Mirage of Social Justice

    7          General Welfare and Particular Purposes

    8          The Quest for Justice
     
    9          ‘Social’ or Distributive Justice
     
    10        The Market Order or Catallaxy
     
    11        The Discipline of Abstract Rules and the Emotions of the Tribal Society
     
    Volume 3    The Political Order of a Free People

    12        Majority Opinion and Contemporary Democracy
     
    13        The Division of Democratic Powers
     
    14        The Public Sector and the Private Sector
     
    15        Government Policy and the Market
     
    16        The Miscarriage of the Democratic Ideal: A Recapitulation
     
    17        A Model Constitution

    18        The Containment of Power and the Dethronement of Politics
     
    Epilogue: The Three Sources of Human Values

    Biography

    F. A. Hayek (1899–1992), recipient of the Presidential Medal of Freedom in 1991 and cowinner of the Nobel Memorial Prize in Economics in 1974, was a pioneer in monetary theory and a leading proponent of classical liberalism in the twentieth century.

    Jeremy Shearmur is a fellow emeritus in philosophy at the Australian National University. His published books include The Political Thought of Karl Popper and Hayek and After: Hayekian Liberalism as a Research Programme, among others.