Law, Legislation and Liberty : a New Statement of the Liberal Principles of Justice and Political Economy

Cover
 Title page
 Copyright page
 Contents
 Volume 1 RULES AND ORDER
 CONSOLIDATED PREFACE
 INTRODUCTION
 1 REASON AND EVOLUTION
 Construction and evolution
 The tenets of Cartesian rationalism
 The permanent limitations of our factual knowledge
 Factual knowledge and science
 The concurrent evolution of mind and society: the role of rules
 The false dichotomy of \'natural\' and \'artificial\'
 The rise of the evolutionary approach
 The persistence of constructivism in current thought
 Our anthropomorphic language
 Reason and abstraction. Why the extreme forms of constructivist rationalism regularly lead to a revolt against reason2 COSMOS AND TAXIS
 The concept of order
 The two sources of order
 The distinguishing properties of spontaneous orders
 Spontaneous orders in nature
 In society, reliance on spontaneous order both extends and limits our powers of control
 Spontaneous orders result from their elements obeying certain rules of conduct
 The spontaneous order of society is made up of individuals and organizations
 The rules of spontaneous orders and the rules of organization
 The terms \'organism\' and \'organization\' 3 PRINCIPLES AND EXPEDIENCYIndividual aims and collective benefits
 Freedom can be preserved only by following principles and is destroyed by following expediency
 The \'necessities\' of policy are generally the consequences of earlier measures
 The danger of attaching greater importance to the predictable rather than to the merely possible consequences of our actions
 Spurious realism and the required courage to consider utopia
 The role of the lawyer in political evolution
 The modern development of law has been guided largely by false economics
 4 THE CHANGING CONCEPT OF LAW. Law is older than legislationThe lessons of ethology and cultural anthropology
 The process of articulation of practices
 Factual and normative rules
 Early law
 The classical and the medieval tradition
 The distinctive attributes of law arising from custom and precedent
 Why grown law requires correction by legislation
 The origin of legislative bodies
 Allegiance and sovereignty
 5 NOMOS: THE LAW OF LIBERTY
 The functions of the judge
 How the task of the judge differs from that of the head of an organization
 The aim of jurisdiction is the maintenance of an ongoing order of actions. \'Actions towards others\' and the protection of expectationsIn a dynamic order of actions only some expectations can be protected
 The maximal coincidence of expectations is achieved by the delimitation of protected domains
 The general problem of the effects of values on facts
 The \'purpose\' of law
 The articulations of the law and the predictability of judicial decisions
 The function of the judge is confined to a spontaneous order
 Conclusions
 6 THESIS: THE LAW OF LEGISLATION
 Legislation originates from the necessity of establishing rules of organization.