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Friedrich A. Hayek: Societies
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Next, Hayek compares and contrasts the different types of law that exist within modern society. Law that deals with the most basic rights of individuals and organizations is constitutional law, and often it is the primary source for both public and private law, as most "other rules derive their authority from it." Hayek argues that a constitution should limit the powers of a legislature and provide a guide for the judiciary. A constitution does not have to "articulate conceptions underlying an existing system of norms" because that articulation could prove "inadequate."
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Today... neoconservatives differ from their "liberal" (in the Hayek sense) forebears in the disproportionate emphasis they give to the "automatic" rules of free-market competition and their relative indifference to the principle of equity and equality in society. In their exercise of government in the Bush II administration, they are misreading and misapplying the political tradition of which they claim to be custodians. Instead of a broad "liberal" (in the Hayek sense) program, they have a narrowly ideological agenda that makes them look excessively mean-spirited.
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The very complexity that makes it impossible to know all the information required to guide society, Hayek reasoned, makes it equally impossible to judge the “justice” or “worthiness” of an individual’s total actions. As a result, the popular call for “social,” or “distributive,” justice is inapplicable in a free society. Social justice requires not merely that individuals receive what is rightly theirs in general terms, but that individuals and groups ... receive some stipulated distributional share of the society’s total output or wealth. However, Hayek showed that in the market economy, distributions of income are not based on some standard of “deservedness,” but rather on the degree to which the individual has directly or indirectly satisfied consumer demand within the general rules of individual rights and property.
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