Law and the Liberal Society: F.A. Hayek’s Constitution of Liberty

Hamowy, Ronald. “Law and the Liberal Society: F.A. Hayek's Constitution of Liberty.” Journal of Libertarian Studies 2, no. 4 (1978): 287–297.


“This paper will focus on the work of Hayek, the leading modern exponent of the liberal conception of freedom and the rule of law. I intended my analysis to lay bare the incongruous views and weaknesses in Hayek’s definition of freedom, and to show that a government under the rule of law, as he offers it, is no more a guarantee of personal freedom that is a government delegated broad discretionary powers—that one’s freedom can be as much constrained under one system as under the other.”

Journal of Libertarian Studies [pdf]