著者

嶋津 格 森池 豊武

出版者

The Japanese Association of Sociology of Law

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1992, no.44, pp.2-17,341, 1992-04-30 (Released:2009-01-15)

参考文献数

16

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It is illuminating for the understanding of Hayek's theory of law to summarize his arguments for the refutation of socialism, or collectivist economic planning, which were started in as early as 1935 and have constantly been enriched till his latest Fatal Conceit. His theory of law is laid as one of the cornerstones of the normative part of his entire social theory, in which individual freedom under the rule of law is contrasted with serfdom in collectivism. But although his line of thought is attractive enough, I find his theory about what the law in the era of active legislation should be like not very clear and open to our imaginative interpretations. So, in order to proceed in the task of giving a more explicit Hayekian conception of legislative law, I start from his idea about what legislation should not be like, which is quite unequivocal.