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CIAO DATE: 03/02
Critical Review
On the Road Again: Hayek and the Rule of Law
By Juliet Williams
Abstract
In his political writings, F. A. Hayek faces a classic liberal dilemma: he opposes coercion but recognizes that sometimes the state can help to minimize it. Hayek attempts to resolve the dilemma of the limits of state power by offering a definition of the rule of law that does not depend on a controversial conception of rights. However, his effort to formalize the rule of law fails. Not only does Hayek implicitly rely on an undefended theory of rights, but his rule-of-law scheme is limited to the elaboration of general principles of good government, neglecting the need for reforms aimed directly at the political processes that result in the controversial forms of coercion he deplores.