He did this not only for his study of John Stuart Mill, but also because he believed that visiting these non-industrialized regions would help him better understand how tradition and culture develop in agrarian societies.
Rationalistic approaches emphasize deliberate design and control, and evolutionary perspectives stress the importance of tradition, spontaneous order, and the limitations of human reason.
Attitude toward the working of social order, approval or disapproval of the manner where it determines the relative position of individuals, is closely linked with the views about responsibility.
Hayek challenges conventional ideas about equality, merit, and justice, advocating for a nuanced understanding of these concepts in the context of individual freedom and societal organization.
Hayek stresses the significance of recognizing that democracy alone does not automatically ensure the existence of sound legislation, and highlights the necessity of shared principles to steer decisions made by the majority.
Hayek also argued how laws serve to coordinate individual actions, help mutual cooperation, and establish order in society without the need for centralized direction.
He surveys medieval and classical influences, English struggles for liberty, philosophical justifications by figures like John Locke, and the consolidation of these ideals in the 18th century.
He emphasizes the importance of the American experiment in constitutionalism, noting its enduring success while acknowledging ongoing challenges and the need for constant vigilance to uphold the rule of law.
Ultimately, he reflects on the challenges and contradictions in realizing the rule of law amidst the growth of bureaucratic power and the emergence of the welfare state.
The need for clear rules that govern governmental actions, limiting administrative discretion and ensuring that coercive powers are exercised within defined legal boundaries.
He underscores the significance of the rule of law over procedural safeguards alone, warning against a mere adherence to legal formalities without a true commitment to the underlying principles of justice and fairness.
Figures like Adam Smith and John Stuart Mill advocated for economic freedom within legal boundaries, emphasizing the importance of general rules over government intervention.
Hayek argues against the pursuit of distributive justice, which conflicts with the rule of law and may lead to the abandonment of free market principles in favor of a centrally planned economy.
Hayek also examines intellectual trends that undermined traditional legal principles, including attacks on the certainty of law and the promotion of administrative absolutism.
Despite these trends, Hayek identifies signs of a reaction against these developments, particularly in countries that experienced totalitarian regimes, and emphasizes the importance of preserving the rule of law within a democratic framework.
He concludes by acknowledging efforts to revive the tradition of the rule of law but notes a lack of clear awareness of its implications in contemporary society.
[4] Postscript: Why I am Not a Conservative Sidney Hook criticized Hayek's belief in the superiority of tradition over reason and his rejection of intelligent social control.
He criticized Hayek's proposed framework, arguing that it allows for the concentration of power in the hands of the state and can lead to the overthrow of personal liberty.
[10] The Constitution of Liberty was notably held up at a British Conservative Party policy meeting and banged on the table by Margaret Thatcher, who reportedly interrupted a presentation to indicate, in reference to the book, that "This is what we believe".
[11][12][13] The Constitution of Liberty was placed 9th on the list of the 100 best non-fiction books of the twentieth century compiled by the biweekly conservative magazine National Review.