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Hayek's The Constitution of Liberty - Institute of Economic Affairs

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h ay e k ’ s t h e c o n s t i t u t i o n o f l i b e r t y<br />

t h e u s e a n d l i m i t s o f k n o w l e d g e<br />

values. Rationalism’s hope <strong>of</strong> replacing tradition with a ‘deliberately<br />

constructed, synthetic system <strong>of</strong> morals’ is destined to fail<br />

(65).<br />

Even though some particular value framework is ‘given’ for<br />

each society, Hayek, in his theory <strong>of</strong> social evolution, does look<br />

behind this ‘givenness’ for the primary sources <strong>of</strong> all values.<br />

Values are general rules, and these may arise from man’s biological<br />

instincts, from cumulative experience and from conscious<br />

articulation. Instinctive values predominate in the earliest societies,<br />

while the conscious articulation <strong>of</strong> values comes about only<br />

with the advent <strong>of</strong> civilisation. Traditions in the strict sense –<br />

those rules that arise from cumulative experience and are followed<br />

habitually and unconsciously – develop in society from the beginning<br />

and cannot be replaced by rules or laws that people frame<br />

deliberately (see Hayek’s 1978 Hobhouse Lecture, ‘<strong>The</strong> Three<br />

Sources <strong>of</strong> Human Values,’ which appears as an epilogue to the<br />

third volume <strong>of</strong> Law, Legislation and <strong>Liberty</strong> [1979]).<br />

Hayek employs this framework to explain the modern discontent<br />

with civilisation and to criticise socialism. Instinctive values,<br />

which emphasised sharing, care for one’s neighbours, and sacrifice<br />

for the common good, were suited for sustaining very small<br />

communities. With the advent <strong>of</strong> urban life and civilisation,<br />

traditions and rules evolved that favoured a large and impersonal<br />

extended order, or commercial society. <strong>The</strong> problem is that ‘in<br />

some respects man’s biological equipment has not kept pace with<br />

that rapid change, that the adaptation <strong>of</strong> his non-rational part has<br />

lagged somewhat, and that many <strong>of</strong> his instincts and emotions are<br />

still more adapted to the life <strong>of</strong> a hunter than to life in civilization.’<br />

This maladaptation has given rise to an instinctive dissatisfaction<br />

with civilised life – the sense that it is ‘unnatural’ – and to all ‘the<br />

familiar complaints against industrialism, capitalism, or overrefinement’<br />

(40).<br />

Hayek wants to underscore the indispensability <strong>of</strong> habitual<br />

or customary rules for the kind <strong>of</strong> civilisation that we now enjoy.<br />

Strictly speaking, the term ‘tradition’ refers to rules <strong>of</strong> this kind.<br />

Hayek acknowledges, <strong>of</strong> course, that deliberately articulated rules<br />

are indispensable to the progress <strong>of</strong> modern civilisation – the<br />

Rule <strong>of</strong> Law attests to that – but these are not to be understood as<br />

novel constructions. <strong>The</strong>ir continuity with rules that have evolved<br />

through trial and error over a long period <strong>of</strong> time is crucial to their<br />

effectiveness.<br />

Hayek’s distinction between three kinds <strong>of</strong> values (instinct ive,<br />

traditional, articulated) ties in closely with his critique <strong>of</strong><br />

socialism. A free society rests on tradition-based values, but<br />

these are jeopardised both by our instinctual promptings and<br />

by rationalist ambitions. Socialism, in Hayek’s view, exemplifies<br />

both dangers. On the one hand, socialists cast tradition aside and<br />

prefer constructed rules to ones that have evolved. On the other<br />

hand, socialism is ‘an atavism,’ i.e. it wants to re-establish society<br />

on instinct-based values such as solidarity and social justice.<br />

Socialism is a form <strong>of</strong> primitivism. It is fundamentally at odds<br />

with those values that make possible large societies, civilisation<br />

and human freedom (1976: 143–50; 1978a: 57–68; 1979: 165–76;<br />

1988: 11–37). It is an enemy <strong>of</strong> the extended, rule-governed, open<br />

society, or what Hayek, in Law, Legislation and <strong>Liberty</strong>, calls ‘the<br />

Great Society’ (1973: 2; 1976: 107–13; 1988: 19–21, 104).<br />

Moral rules<br />

<strong>The</strong> most important values, for Hayek, are the general rules<br />

70<br />

71

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