Liberalism and Constitutionalism

1
Liberalism and Constitutionalism

• Peter Boettke
• Econ 828/Fall 2004
• 27 September

2
Why Political Philosophy and Political Science
Gets Done by an Economist?

• Hayeks intellectual development
• The Reason for the Abuse of Reason Project
• The Rise, Fall, and Rise Again
• From Worldly Philosophy to Social Engineering and
  Back

3
Role of Reason, p. 67ff

• Rational humility
• Rationality of the general, ignorance on the
  particulars

4
Responsibility, Rewards and Obligations, p. 77ff.

• Generality and span of moral sympathy
• Opportunity for good and bad
• Importance of use to which talents are put, p.
  80ff.

5
Equality Before the Law, p. 85ff.

• Opportunity versus results
• Human differences and the case for liberty, p.
  87ff.

6
Liberalism and Democracy

• Difference between them, p. 103, 104
• Common principles as guides, p. 111
• Necessity of political philosophy to be
  normative, p. 115.
• The problem of employment, p. 123.

7
Rule of Law

• In contrast to status society, p. 154.
• Spontaneous order, p. 159, 162.
• Codification versus creation, p. 177, 183-84.
• Constitutionalism and the economic system, p.
  192.
• As a defender of individual liberty, p. 204ff.
• Restraint
• Known and certain
• Equality and generality
• Separation of Powers
• Limits of administrative discretion
• Policy within a rule of law (importance of
  principle not expediency), p. 220ff., 228
• Sphere of individual freedomRule of law is not
  merely procedural, but must have substantive
  relevance to be effective, p. 218.

8
How much room for intervention?

• Considerable as compared to the wooden notion of
  laissez faire, p. 231.
• Distributive justice, p. 232.
• Socialism Hot and Cold, p. 254-55.
• Aims still the same if not the method, p. 256.
• Welfare state, p. 257.
• competition between governments, p. 263.
• Union coercive power, p. 269, 284.

9
Is Hayek a Burkean Conservative?

• Direction of change, p. 398.
• The desirability of change and self-regulation,
  p. 400.
• Who is in charge rather than what whoever is in
  charge should be limited to do, p. 401.
• Desire for the new, p. 404.
• Values in society, p. 406.