FRIEDRICH A. HAYEK - Актуелне поруке једног осведоченог либерала
FRIEDRICH A. HAYEK - Polemics of current interest of a genuine liberal -
Author(s): Slobodanka NedovićSubject(s): Philosophy of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Liberalism; Individual freedom; The rule of law; Democracy; Majority decision-making
Summary/Abstract: Individual freedom as a highest value requires its distinguishing from political freedom. Particularly dangerous is the confusion between individual and national freedoms. Furthermore, this could reduce the entire rule of law to the principle of legality which is but one element only. Attention is extended to Hayek’s relativisation of the idea of sovereignty too, as well as to his challenging the thesis of unlimited "national sovereignty". Since highest authority should not by any means suppose also unlimited power, Hayek emphasizes that democracy, too, just as any other form of rule, needs the instruments of protection of individual freedom. Democracy, as such, is not a final value, but should be assessed through its results. In his polemics with "dogmatic democrats", Hayek rejects the concept according to which the power of any kind of actual majority could be unlimited, deciding consequently not only what is the law, but also what is a good law. Hayek’s (liberal) conception points at the existence of general, long-term rules and principles which are pre-existent and compulsory for any temporary majority'. Hayek also distinguishes the spontaneous order - cosmos from the organisation - taxis, as well as the existence of two types of rules - nomos and thesis.
Journal: Анали Правног факултета у Београду
- Issue Year: 41/1993
- Issue No: 3-4
- Page Range: 295-304
- Page Count: 10
- Language: Serbian