The Hayek Interviews, Universidad Francisco Marroquín, November 4, 1978.
Focusing primarily on the law, Robert Bork discovers the evolution of laws, legislation and society. Starting with the influences on his theory of law, John Stuart Mill and Charles Darwin are highlighted. The law is described as a means of using dispersed information in society within an evolutionary framework. The inability of democracies, especially omnipotent democracies, to limit themselves, and ultimately, their demise is elucidated. Interest groups are a primary cause of this. The failures of the US Constitution in relation to Hayek’s ideal constitutional schema and system of rules are explained. The central role of courts and judges, as well as the separation of legislatures and private property rights are compared to modern systems. Laws must be non-discriminatory and general in nature, according to Hayek’s framework. In addition, Hayek’s disdain for the intellectual class, and different classes of scientists, are reflected in his ideas. Finally, the political concepts of social justice and equality are critiqued.