Economics Dictionary of ArgumentsHome
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| Legislation: Legislation is the process of making laws by a legislative body. It typically involves introducing a bill, debating, and voting. Legislation is a part of the democratic process. See also Law, Laws, Jurisdiction, Society, State, Democracy._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Friedrich A. von Hayek on Legislation - Dictionary of Arguments
Boudreaux II 44 Legislation/Hayek/Boudreaux: „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.“(1) >Law, >Laws, >Rule of Law/Hayek, >Law and economics, >Law and technology. Boudreaux II 45 Laws: What is true of language ((s) Language was not invented by single individuals) is also true of law. The great bulk of law that governs human interactions was not invented and designed by some great Law Giver. Instead, law emerged without centralized design. Law evolved. Example: The law against murder, for example, is not the product of human intention or design. There was never a tribe or society in which the intentional taking of the lives of peaceful members of that tribe or society was acceptable and became unacceptable only when and because some elders, a wise leader, or a popularly elected assembly pronounced such killing to be wrong. Such killing is, to use a phrase from Anglo-American law, malum in se - it is wrong in itself. People do not tolerate murder in their midst; in some form or fashion they take steps to prevent murder and to punish (…) those who commit it. Such steps are taken even when there is no formal government to lead such efforts. The same is true for theft, fraud, arson, and many other violent and aggressive acts (…). Boudreaux II 46 Society: (…) every day we obey a vast set of rules that are not consciously designed. >Law Merchant, >Legislation/Boudreaux. 1. Friedrich Hayek (1973). Law, Legislation, and Liberty, 1 (University of Chicago Press): 72._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Hayek I Friedrich A. Hayek The Road to Serfdom: Text and Documents--The Definitive Edition (The Collected Works of F. A. Hayek, Volume 2) Chicago 2007 Boudreaux I Donald J. Boudreaux Randall G. Holcombe The Essential James Buchanan Vancouver: The Fraser Institute 2021 Boudreaux II Donald J. Boudreaux The Essential Hayek Vancouver: Fraser Institute 2014 |
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