Still Living at 108

by Don Boudreaux on May 8, 2007

Were he still alive, Hayek would today celebrate his 108th birthday. To mark this occasion, I offer this quotation from the book that I believe to be Hayek’s most profound: Law, Legislation, and Liberty: Rules and Order (Vol. 1, 1973), p. 72:

Legislation, the deliberate making of law, has justly been described as among all inventions of man the one fraught with the gravest consequences, more far-reaching in its effects even than fire and gun-powder. Unlike law itself, which has never been ‘invented’ in the same sense, the invention of legislation came relatively late in the history of mankind. It gave into the hands of men an instrument of great power which they needed to achieve some good, but which they have not yet learned so to control that it may not produce great evil.

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muirgeo

Ewe boy...sorry but maybe I need to read the book. The discussion of law vs legislation certainly seemed to be a long winded high-falutin Ivory Tower elitist exercise in mental gymnastics simple to make an argument against excessive legislation.

Emergent properties of bagels??? Don't move my books and sit in my spot??? Sorry but I believe Noah's Bagels and Hayeks' copy-writ book need legislation and planned societies to do as well as they do.

Russell Nelson

Here's my explanation of legislation versus law.

Sam Grove

Here is a live link as Russ' entry is incomplete.

Billy

Muirgeo,

Corporations and patents are both created by legislation, though both areas of law draw heavily from areas of common law that evolved in the absence of legislation, like contract and property.

muirgeo

Thanks Russ,

I've already got lots of homework but I'll listen to this too as these econtalks are great even for a novice like myself.

But let me ask, are Corporate law and Patent law considerded law or legislation?

Russ Roberts

Muirgeo,

This podcast should help with the distinction between law and legislation:

http://www.econtalk.org/archives/2006/12/boudreaux_on_la.html

Michael

I think that's a tremendously powerful quote. It's up there with Cicero's "We are slaves to the law so that we may be free."

muirgeo

"Unlike law itself, which has never been 'invented' in the same sense, the invention of legislation came relatively late in the history of mankind. "

Great! Now here is another thought I'll need to ponder all week! Any hints would be appreciated.