
This volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
I wished everyone would read "Law, Legislation & Liberty" by Hayek, where he criticizes people who think systems, like economy, work like an organization. That is, that one can through rational planning and arrangement achieve some goal. That is NOT how markets, economy, society etc. works. That is of course an attack on the utilitarian principles.
Only uneducated minds could fall into the trap of thinking in exploitative utilitarian ways about everything, including themselves by self-abusive through productivity obsession. This discussion could not be more US American.
• Gerhard Buchwald - Vaccination - A Business Based on Fear (1994)
This is an unproductive line of argument because either of us can just keep moving the goalposts until we're exhausted.
Economic value clearly doesn't follow any "gut" virtue. Here's how an early moral theorist put it in a notoriously influential book:
I returned, and saw under the sun,
that the race is not to the swift,
nor the battle to the strong,
neither yet bread to the wise,
nor yet riches to men of understanding,
nor yet favour to men of skill;
but time and chance happeneth to them all.
Generally speaking, attempts to create ranking functions for virtue lead to mismatches with the observed state of the world. You line up the list of virtuous things (curing AIDS, feeding poor people) and the list of valuable things (Ruby on Rails programmers, inanimate chunks of metal) and discover that they just don't line up. At all.But if you try to impose a virtuous order, it all goes kerflooie. Because the whole system of production and allocation relies entirely on value. When you take value you away, it stops working. Partial enforcement leads to partial derangement and in general, creates new evils, requiring still further ranking functions ... it spirals out of control thereafter.
We read this:
Dear friend, it is not possible for man to avert that
which God has decreed shall happen. No one believes
warnings, however true. Many of us Persians know our
danger, but we are constrained by necessity to do
as our leader bids us.
Verily 'tis the sorest of all human ills, to abound in
knowledge and yet have no power over action.
And imagine ourselves to be men and women both of knowledge and power. But it was always an illusion.I'm doing a pretty poor job of explaining all this. Hayek's Social or 'Distributive' Justice does a much more convincing, thorough and erudite job. It was published in the second volume of Law, Legislation and Liberty, also in The Essence of Hayek.
edit: by the way, your blog about LedgerSMB and PostgreSQL is bloody marvellous.
Regardless of whether all the Austrian school's claims turn out to be correct or not, they certainly deserve a seat at the table. Hayek, in particular, was a true polymath, contributing brilliant ideas to everything from philosophy of science to biologically-grounded psychology. Read the first several chapters of Law, Legislation, and Liberty, and decide for yourself if Krugman has any right to sneer at the "supposedly deep Austrian theorists".
This isn’t true. The speed limit in the US comes with the proviso +2 or 3 miles per hour, unless the police officer feels like pulling you over, in Ireland the drink driving laws started being enforced with any degree of vigour in the 90’s despite being much older than that, and the Netherlands’ drug laws as written aren’t much different from its neighbours but it’s enforcement is. Law and legislation are not the same. Prosecutorial discretion is totally a thing. When’s 16 year old gets prosecuted for sexting as a producer of child porn that’s monstrous whether the law as written calls for it or not.
https://en.m.wikipedia.org/wiki/Law,_Legislation_and_Liberty