Hayek and the Common Law
I will examine Hayek’s distinction between spontaneously-emerging, “bottom-up” social orders (as chiefly instantiated in the common law) and coercive, “top-down” social orders (as instantiated in commands of a sovereign). I will discuss the significance of this distinction for liberal political theory, and its ramifications for other fields, mainly law and economics.
Skoble, Aeon J. (2005). Hayek and the Common Law. CARS Summer Grants. Item 130.