The Constitution of Liberty

The Constitution of Liberty
First edition dust jacket
AuthorFriedrich Hayek
CountryUnited States
LanguageEnglish
SubjectPolitics, Economics
PublisherUniversity of Chicago Press (US)
Publication date
1960
Media typePrint
Pages576
ISBN0-226-32084-7

The Constitution of Liberty is a book written by Friedrich Hayek, first published in 1960 by the University of Chicago Press. Many scholars have considered The Constitution of Liberty as the most important work by Hayek.[1]

Background

In 1950, when Hayek moved to Chicago, he had been working on The Abuse and Decline of Reason essays for a while; some of the early findings had been published in Individualism and Economic Order (1948), and more would be published in The Counter-Revolution of Science (1952). He was interested in the connection between societal transformation and the manner in which scientific knowledge is presented. In comparison to being a member of the economics department, he fared substantially better on the Committee on Social Thought. On March 7, 1954, Hayek requested funding from the Guggenheim Foundation for his travels to Italy and Greece. He did this not only for his study of John Stuart Mill, but also because he believed that visiting these non-industrialized regions would help him better understand how tradition and culture develop in agrarian societies. He was concerned in the development of nonrational, but nonverbally explicit, rules and traditions. He planned to publish two books on the liberal order, The Constitution of Liberty and "The Creative Powers of a Free Civilization" (eventually the title for the second chapter of The Constitution of Liberty). He completed The Constitution of Liberty in May 1959, with publication in February 1960.[2]

Contents

According to Bruce Caldwell, the challenges posed by H. D. Dickinson and John Maynard Keynes to Hayek's ideas on political philosophy and economics, Dickinson asked for a positive program from opponents of collectivism, while Keynes wanted guidance on where to draw the line between good and bad government intervention. Hayek addressed these challenges in this book.[3]

Hayek discusses the concept of liberty or freedom, emphasizing its original meaning as the absence of coercion by others. Hayek contrasts this with other interpretations such as political freedom, inner freedom, and freedom as power or ability. Hayek argues against equating liberty with wealth or power, asserting that liberty is a distinct good that allows individuals to pursue their own goals without coercion. The discussion also touches on the importance of defining coercion and the role of the state in minimizing coercion while preserving individual liberty through known rules and limited government intervention. Hayek explores the importance of individual freedom in society, emphasizing the role of ignorance in human affairs and the necessity of allowing room for the unforeseeable and unpredictable. Hayek argues that liberty is essential for innovation and progress, as it enables individuals to pursue diverse paths and adapt to changing circumstances. The narrative highlights the significance of freedom in both intellectual and practical spheres, stressing that new ideas often emerge from the intersection of action and material events. Additionally, Hayek discusses the evolving nature of human goals and values, underscoring the importance of open societies where new ends can emerge and compete. Hayek concludes by warning against excessive control and the potential stifling of spontaneous forces essential for societal advancement.[4]

Hayek discusses the role of inequality in societal progress, both within nations and globally. Hayek argues that in a free society, the advancement of the wealthy can benefit the rest by paving the way for new innovations and standards of living. However, Hayek acknowledges the challenges of inequality and the need for careful consideration in balancing progress with fairness. Hayek also highlights the interconnectedness of different civilizations and the necessity of continued progress to meet the aspirations of people worldwide, warning of potential conflicts if expectations are not met. Overall, Hayek emphasizes the importance of maintaining progress while addressing the inequalities it may create. Hayek explores the philosophical underpinnings of individual liberty, societal evolution, and the role of reason in shaping human affairs. Hayek contrasts rationalistic approaches, which emphasize deliberate design and control, with evolutionary perspectives, which stress the importance of tradition, spontaneous order, and the limitations of human reason. Hayek argues that while reason is essential, it must operate within the framework of societal evolution, acknowledging the inherent complexity and unpredictability of human civilization. Hayek emphasizes the value of individual freedom as a guiding principle in governance and warns against the dangers of excessive government intervention and the imposition of centralized control. Overall, Hayek advocates for a nuanced understanding of reason's role in society and highlights the importance of preserving individual liberty within a framework of collective cooperation and respect for tradition.[4]

Hayek discusses the relationship between liberty and responsibility in society, emphasizing that they are inseparable. Hayek highlights the decline in esteem for individual responsibility and freedom, often due to misconceptions influenced by scientific determinism. Hayek argues that individual responsibility is crucial for a free society to function effectively, as it encourages rational action and guides individuals in their choices. Additionally, Hayek examines the importance of individual responsibility within the context of modern society, discussing its limits and the challenges posed by factors like urbanization and the decline of local communities. Overall, Hayek emphasizes the necessity of individual responsibility within a free society and the potential consequences of neglecting this principle. Hayek explores various arguments surrounding the concepts of equality, merit, and justice within societies. Hayek discusses the inheritance of property and the role it plays in transmitting wealth across generations. Hayek then delves into the evolving perception of equality, particularly focusing on education and the challenges of ensuring equal opportunities without restricting individual freedom. Hayek emphasizes the distinction between value and merit, arguing that rewarding individuals based on perceived merit can undermine freedom and create societal tensions. Additionally, Hayek questions the notion of distributing wealth based on national affiliation, cautioning against the potential consequences of such policies. Overall, Hayek challenges conventional ideas about equality, merit, and justice, advocating for a nuanced understanding of these concepts in the context of individual freedom and societal organization.[4]

Hayek explores the intersection of liberalism and democracy, delving into their respective ideals and limitations. Hayek discusses how liberalism aims to limit coercive government powers while democracy focuses on majority rule in decision-making. Hayek argues that while democracy is a method of determining laws, liberalism concerns itself with the principles guiding those laws. Hayek emphasizes the importance of understanding that democracy does not inherently ensure good law, and the need for common principles to guide majority decisions. He also examines the dangers of unchecked majority power, advocating for the preservation of individual liberties within democratic systems. Overall, Hayek highlights the intricate relationship between liberalism, democracy, and the need for constraints on government power to maintain effective governance. Hayek discusses the evolving societal dynamics between independent individuals and the employed majority, particularly in the context of capitalism and democracy. Hayek explores how the rise of large-scale organizations and the employed workforce has shifted power dynamics, potentially leading to a hierarchical society where the employed majority influences policy to favor their interests. The importance of maintaining a balance between independence and employment is highlighted, emphasizing the need for a substantial number of independent individuals to preserve freedom and diversity in society. Additionally, Hayek discusses the role of wealthy individuals in supporting non-materialistic endeavors, such as cultural pursuits and intellectual exploration, and argues against the vilification of wealth and success, suggesting that limiting individual achievement could stifle societal progress. Overall, Hayek raises questions about the impact of societal attitudes towards wealth, independence, and the balance between individual freedom and collective well-being.[4]

Hayek examines freedom and coercion, emphasizing the importance of protecting individual spheres from interference. Property rights are essential for preventing coercion. He argues that coercion prevention is a primary function of the state, while moral rules and conventions exert pressure on behavior without constituting severe coercion. Overall, these noncoercive rules facilitate social interaction without severely impeding liberty. Hayek discusses the concept of law and its relationship to freedom within society. He emphasizes the importance of law as a set of general, abstract rules that apply equally to everyone, providing a secure and free sphere for individual action. The distinction between laws and specific commands is highlighted, with laws being characterized by their generality and abstractness, allowing individuals to make their own decisions within the framework provided by the law. Hayek also explores how laws serve to coordinate individual actions, facilitate mutual cooperation, and establish order in society without the need for centralized direction. Overall, he argues that the rule of law, based on general rules applicable to all, is essential for preserving individual liberty and enabling effective social organization.

Hayek traces the evolution of individual liberty from 17th-century England, highlighting its roots in power struggles and its gradual acceptance as a guiding principle. He explores medieval and classical influences, English struggles for liberty, philosophical justifications by figures like John Locke, and the consolidation of these ideals in the 18th century. He also discusses challenges to traditional liberty concepts, particularly from French revolutionary thought, leading to shifts in political ideologies. Hayek discusses the development of constitutionalism in America, focusing on the formation of state constitutions and the drafting of the federal Constitution. He highlights the influence of Bills of Rights, the principle of separation of powers, and the role of judicial review in safeguarding individual rights and limiting government powers. The narrative extends to the challenges faced by the American Constitution, including conflicts between the Executive and the Supreme Court. He emphasizes the importance of the American experiment in constitutionalism, noting its enduring success while acknowledging ongoing challenges and the need for constant vigilance to uphold the rule of law. Hayek discusses the historical development of the concept of the rule of law, focusing on its evolution in Europe, notably in Germany and France. He highlights the tension between the ideal of the rule of law and the realities of administrative power, emphasizing how administrative machinery often expanded at the expense of individual liberties despite efforts to establish constitutional limits. The discussion delves into the establishment of administrative courts in Germany as a means to achieve judicial control over administrative actions, contrasting this with the situation in England. Ultimately, he reflects on the challenges and contradictions in realizing the rule of law amidst the growth of bureaucratic power and the emergence of the welfare state.[4]

Hayek discusses the concept and importance of the rule of law in ensuring individual liberty within a society governed by democratic principles. He emphasizes the need for clear rules that govern governmental actions, limiting administrative discretion and ensuring that coercive powers are exercised within defined legal boundaries. Hayek highlights the role of judicial review in controlling administrative decisions and protecting individual rights. Additionally, he touches on the balance between individual freedoms and necessary government intervention, particularly in times of emergency, stressing the importance of compensation for any infringements on individual rights. Finally, he underscores the significance of the rule of law over procedural safeguards alone, warning against a mere adherence to legal formalities without a true commitment to the underlying principles of justice and fairness. Hayek discusses the concept of freedom in economic affairs within the framework of the rule of law. He explores how figures like Adam Smith and John Stuart Mill advocated for economic freedom within legal boundaries, emphasizing the importance of general rules over government intervention. The distinction between legitimate government activities, such as providing services and setting standards, and arbitrary control over prices and quantities is highlighted. Hayek argues against the pursuit of distributive justice, which conflicts with the rule of law and may lead to the abandonment of free market principles in favor of a centrally planned economy. Overall, he underscores the importance of maintaining the rule of law to preserve individual freedom and economic efficiency.[4]

Hayek outlines a historical narrative focusing on the erosion of the rule of law in various Western countries, particularly in England and the United States, from the late 19th century to the mid-20th century. He highlights the transition towards administrative discretion over fixed legal rules, influenced by socialist ideologies and the perceived need for efficiency in governance. The narrative discusses key figures and movements, such as the Fabian movement in Britain and the public administration movement in the United States, which advocated for greater governmental control at the expense of individual liberties. Hayek also examines intellectual trends that undermined traditional legal principles, including attacks on the certainty of law and the promotion of administrative absolutism. Despite these trends, Hayek identifies signs of a reaction against these developments, particularly in countries that experienced totalitarian regimes, and emphasizes the importance of preserving the rule of law within a democratic framework. He concludes by acknowledging efforts to revive the tradition of the rule of law but notes a lack of clear awareness of its implications in contemporary society.[4]

"Why I am Not a Conservative" is a critique of conservatism. Hayek argues that conservatism is too focused on preserving the status quo and is resistant to change, which can lead to a lack of progress and innovation. He also argues that conservatism is often associated with authoritarianism and can be a threat to individual liberty.[4]

Table of Contents

  • Introduction

Part I – The Value of Freedom

Part II – Freedom and the Law

  • 9. Coercion and the State
  • 10. Law, Commands, and Order
  • 11. The Origins of the Rule of Law
  • 12. The American Contribution: Constitutionalism
  • 13. Liberalism and Administration: The Rechtsstaat
  • 14. The Safeguards of Individual Liberty
  • 15. Economic Policy and the Rule of Law
  • 16. The Decline of the Law

Part III – Freedom in the Welfare State

  • 17. The Decline of Socialism and the Rise of the Welfare State
  • 18. Labor Unions and Employment
  • 19. Social Security
  • 20. Taxation and Redistribution
  • 21. The Monetary Framework
  • 22. Housing and Town Planning
  • 23. Agriculture and Natural Resources
  • 24. Education and Research

Postscript: Why I am Not a Conservative

Reception

Sidney Hook criticized Hayek's belief in the superiority of tradition over reason and his rejection of intelligent social control. Hook argued that history shows the dangers of relying solely on non-rational processes, and planning can coexist with democracy and freedom. Hook also criticizes Hayek's narrow definition of freedom and his binary thinking. While he acknowledged Hayek's value as a cautionary voice, he ultimately said that Hayek's economic philosophy could lead to disaster.[5]

Lionel Robbins agreed with Hayek's emphasis on the non-rational element in social habits and institutions, but expressed concern that this emphasis may lead to indiscriminate acceptance and admiration of all institutions and habits, including those that are harmful. Robbins noted a contrast between Hume and Burke, with Hume being more willing to subject institutions to critical scrutiny based on public utility, while Burke's conservatism sometimes becomes indefensible. Robbins also disagreed with Hayek's classification of nineteenth century English Utilitarians as "false" Continental Rationalists, and argued that their thought was squarely within the tradition of English empiricism and not deserving of the label "false" liberalism. Robbins also suggested that Bentham and his followers were not doctrinaire individualists, but rather had nuanced views on economic organization and were not necessarily supportive of collectivization.[6]

Frank Knight criticized Hayek for its lack of attention to the critical events and principles of the Liberal Revolution that established democratic societies, emphasizing the importance of democracy, political order, and rule of law. Knight criticized Hayek for being scornful towards politically organized freedom. Knight accused Hayek of making anarchist statements that exclude rulers and limit legislation logically, and that Hayek's criticisms of democracy imply that the government should do nothing unless to enforce universally known laws. He also criticized Hayek's treatment of equality, arguing that his extreme absolutism is a mistake. Knight further accused Hayek of reaching a supreme absurdity in his discussion of equality of opportunity, ignoring the role of social structures in shaping opportunities and the consequences of history and social forces on individual achievements.[7]

Jacob Viner argued that Hayek's conclusions are unconditional because Hayek selected extreme positions to attack and works with a limited set of values. According to Viner, This approach can lead to logical fallacies, such as attacking a straw man or the fallacy of the unexplored remainder. He also questioned Hayek's doctrine appears similar to social Darwinism and historicism.[8]

Ronald Hamowy criticized Hayek's views on coercion and the difficulty in defining it within his theoretical framework. He criticized Hayek's proposed framework, arguing that it allows for the concentration of power in the hands of the state and can lead to the overthrow of personal liberty. Hamowy concluded that Hayek's position on coercion and freedom must be rejected due to its inconsistencies.[9] Hayek responded to Hamowy's criticism.[10]

The Constitution of Liberty was notably held up at a British Conservative Party policy meeting and banged on the table by Margaret Thatcher, who reportedly interrupted a presentation to indicate, in reference to the book, that "This is what we believe".[11][12][13]

The Constitution of Liberty was placed 9th on the list of the 100 best non-fiction books of the twentieth century compiled by the biweekly conservative magazine National Review.[14]

See also

References

  1. ^ Caldwell, Bruce, "Editorial Foreword", in Hayek, Friedrich A. von (2011). The constitution of liberty : the definitive edition. Chicago: The University of Chicago Press. ISBN 978-0-226-31537-9.
  2. ^ Ebenstein, Alan O. (2001). Friedrich Hayek : a biography. New York: Palgrave. ISBN 0-312-23344-2.
  3. ^ Caldwell, Bruce (2004). Hayek's challenge : an intellectual biography of F.A. Hayek. Chicago: University of Chicago Press. pp. 288–289. ISBN 0-226-09193-7.
  4. ^ a b c d e f g h Hayek, F. A. (2011). The constitution of liberty: the definitive edition (1. publ ed.). London: Routledge. ISBN 9780415035309.
  5. ^ Hook, Sidney (February 21, 1960). "Of Tradition and Change: The Constitution of Liberty by F. A. Hayek". New York Times Book Review.
  6. ^ Robbins, Lionel (1961). "Hayek on Liberty". Economica. 28 (109): 66–81. doi:10.2307/2550455. ISSN 0013-0427. JSTOR 2550455.
  7. ^ Knight, Frank H. (December 1967). "Laissez Faire: Pro and Con". Journal of Political Economy. 75 (6): 782–795. doi:10.1086/259359. ISSN 0022-3808. S2CID 154046112.
  8. ^ Viner, Jacob (1961). "Hayek on Freedom and Coercion". Southern Economic Journal. 27 (3): 230–236. doi:10.2307/1055089. ISSN 0038-4038. JSTOR 1055089.
  9. ^ Hamowy, Ronald (1961). "Hayek's concept of freedom: A critique". New Individualist Review. 1 (1): 28–31.
  10. ^ Hayek, F. A. (1961). "Freedom and Coercion: Some Comments on a Critique by Mr. Ronald Hamowy". New Individualist Review. 1 (2): 70–72.
  11. ^ Berlinski, Claire (December 22, 2011). "Five myths about Margaret Thatcher". The Washington Post.
  12. ^ Mcdonough, John E. (May 22, 2021). "The Tortured Saga of America's Least-Loved Policy Idea". POLITICO. Retrieved 2022-01-31.
  13. ^ Feser, Edward (January 28, 2007), "Introduction", The Cambridge Companion to Hayek, Cambridge University Press, pp. 1–12, doi:10.1017/ccol0521849772.001, ISBN 978-0-521-84977-7, retrieved 2022-01-31
  14. ^ "The Non-Fiction 100". National Review. 3 May 1999.

External links

  • Quotations related to The Constitution of Liberty at Wikiquote
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