Hayek and Human Rights: Foundations for a minimalist approach to law

Abstract

Why are discussions of human rights largely absent from Hayek's writings?Focusing primarily on Hayek's writings in law and politics, the author examinesthe building blocks of Hayek's legal theorizing the notions of coercion, the Ruleof Law ideal, justice, negative duties, and liberal as opposed to majoritarianconstitutionalism arguing that each element of Hayek's writing contributes tohis overall perspective on human rights. The author concludes by summarizing therelationship between the twin themes that drive Hayek's work: his understandingof the consequences of the transition from Gemeinschaft to Gesellschaft formsof social interaction and the implications of an increasing degree of functionalspecialization in society.Hayek's vision of the political and economic future has to a remarkable extent cometo pass, and his writings can now be seen to contain much that is orthodox andwidely accepted. The tight weaving of insights from diverse academic disciplinesinto a coherent social theory make his work of heightened relevance today, andmany of the core constructs and concerns of his theorizing are useful fordiscussions of human rights.Students and scholars interested in a multidisciplinary approach to libertarianor liberal theory, legal and political theory, or market liberalism, will find this aninsightful reading of one of our great thinkers.