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Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice
 
 
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Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice (Paperback)

by F. A. Hayek (Author) "It is one of the axioms of the tradition of freedom that coercion of individuals is permissible only where it is necessary in the service..." (more)
Key Phrases: factual order, spontaneous order, positive criteria, Great Society, David Hume, Hans Kelsen (more...)
4.6 out of 5 stars See all reviews (5 customer reviews)

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Editorial Reviews

Product Description
Dr. Hayek is world-famous for his valuable contributions to the field of economics as well as to the disciplines of philosophy and politics. This volume represents the second of Hayek's comprehensive three-part study of the relations between law and liberty. Here, Hayek expounds his conviction that he continued unexamined pursuit of "social justice" will contribute to the erosion of personal liberties and encourage the advent of totalitarianism.


About the Author
F. A. Hayek (1899-1992), recipient of the Medal of Freedom in 1991 and co-winner of the Nobel Memorial Prize in Economics in 1974, was a pioneer in monetary theory and the principal proponent of libertarianism in the twentieth century. He taught at the University of London, the University of Chicago, and the University of Freiburg.

Product Details

  • Paperback: 210 pages
  • Publisher: University Of Chicago Press (October 15, 1978)
  • Language: English
  • ISBN-10: 0226320839
  • ISBN-13: 978-0226320830
  • Product Dimensions: 8.4 x 5.2 x 0.6 inches
  • Shipping Weight: 8 ounces (View shipping rates and policies)
  • Average Customer Review: 4.6 out of 5 stars See all reviews (5 customer reviews)
  • Amazon.com Sales Rank: #151,640 in Books (See Bestsellers in Books)

Inside This Book (learn more)
First Sentence:
It is one of the axioms of the tradition of freedom that coercion of individuals is permissible only where it is necessary in the service of the general welfare or the public good. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
factual order, spontaneous order, positive criteria
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Great Society, David Hume, Hans Kelsen, Immanuel Kant, John Locke, Adam Smith, Gustav Radbruch
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15 of 16 people found the following review helpful:
5.0 out of 5 stars F.A. Hayek does it again... The Wisdom of an Old Whig, April 28, 2002
Today, it seems everyone from Patrick Buchanan to Jessie Jackson are extoling the ideal of "social justice." But where did this insidious concept emerge. In the third and final installment in Hayek's Law, Legislation and Liberty series, Hayek delivers a knock out blow to the the notions of "social justice" or "distributive justice." He examines its socialistic roots and intellectual origins, which ensued after the egalitarian fervor in post-1791 Europe. He critiques new economic and social policy, which has emerged in the wake of the "social justice" phenemenon.
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10 of 10 people found the following review helpful:
4.0 out of 5 stars Worthwhile sequel to The Constitution of Liberty, December 17, 2004
The following passage sums up the entire book quite well: "[I]n...a system in which each is allowed to use his knowledge for his own purposes the concept of `social justice' is necessarily empty and meaningless, because in it nobody's will can determine the relative incomes of the different people, or prevent that they be partly dependent on accident. `Social justice' can be given a meaning only in a directed or `command' economy (such as an army) in which the individuals are ordered what to do; and any particular conception of `social justice' could be realized only in such a centrally directed system. It presupposes that people are guided by specific directions and not by rules of just individual conduct. Indeed, no system of rules of just individual conduct, and therefore no free action of the individuals, could produce results satisfying any principle of distributive justice...In a free society in which the position of the different individuals and groups is not the result of anybody's design--or could, within such a society, be altered in accordance with a generally applicable principle--the differences in reward simply cannot meaningfully be described as just or unjust." (pp. 69-70)

As with Robert Nozick (and with John Locke before them), justice is for Hayek a matter of process rather than results.

Law, Legislation, and Liberty was intended as a sequel to The Constitution of Liberty, in that Hayek wrote it to "fill in the gaps" that he felt existed in his argument in that earlier work. He wrote and published Law, Legislation, and Liberty on and off over a time-span of approximately 15 years (early-mid 1960 to mid-late 1970s), which were in part interrupted by ill health. Hayek admits that the result is at times repetitive and lacking in organization. The reason why he did not go through the effort of redoing the entire work upon completion is because he thought he might at that rate never finish it (he was 80 years old by the time volume 3 was published).

There are still plenty of great insights, which Hayek argues persuasively and in doing so manages to portray as common sense. There are also plenty of flashes of that true rhetorical brilliance characteristic of Hayek that can make his writings such a feast to the ear and mind. On the downside, however, these rhetorical gems are hidden in a large volume of pages that at times do indeed seem tedious, repetitive, and unorganized, unlike with The Constitution of Liberty, where they literally seem to jump off the page at you. All in all, read The Constitution of Liberty first, as Hayek himself suggests. And if you're not up for reading the approximately 500 pages that make up the complete Law, Legislation, and Liberty, two chapters (30 pages total) in the book The Essence of Hayek make for a comprehensive summary exposition of the ideas in the entire trilogy ("Principles of a Liberal Social Order", ch. 20 in The Essence of Hayek, covers vols. 1-2, and "Whither Democracy?", ch. 19, covers vol. 3).
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10 of 11 people found the following review helpful:
5.0 out of 5 stars Social Justice Debunked, April 14, 2008
By D. W. MacKenzie (New London CT) - See all my reviews
(REAL NAME)   
Hayek was second to none in his opposition to socialism. In his early years Hayek argued against overt socialism by focusing on economic theory. While Hayek was correct on the economic arguments against socialism, he realized that the case against socialism had to go beyond economic theory. The socialist movement is not driven solely, or even primarily, by the details of economic theory. Rank and file socialists often know very little about socialism. If we are to understand the socialist moment and its popularity we must undertand the ideas that drive it.

In this second volume of Law, Liberty, and Legislation Hayek examines the mirage of social justice. How did socialist egalitarian convictions gain popularity in the modern world? Can socialism live up to its romanticized ideals? The idea of social justice espoused by the modern left is, as Hayek put it, a Mirage. The concept of social justice has no meaning in a free and prosperous society, and no society can be free and prosperous if it is planned on the basis of some notion of social justice.

The Law Liberty and Legislation trilogy was intended to complete the case that Hayek made for classical liberalism in The Constitution of Liberty. This trilogy combines with the Constitution of Liberty to make a powerful case for strictly limited government and free enterprise. You should read The Constitution of Liberty before starting this trilogy, but be sure to read both. Hayek's analysis of spontaneous order and government planning is highly relevant. The collapse of the USSR might have made it seem that proponents of free social order had won. But it is all too obvious that the drive for "social justice" is gaining ground. Read Hayek along with Nozick and Buchanan. These ideas are vitally important.
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