zondag 21 maart 2010

Hayek over de rechtvaardigheid van wetten

"It is sometimes said that, in addi tion to being general and equal, the law of the rule of law must also be just. But though there can be no doubt that, in order to be effective, i t must be accepted as just by most people, it is doubtful whether we possess any other formal criteria of j ustice than generality and equality-unless, that is, we can test the law for conformity with more general rules which, though perhaps unwritten, are generally accepted, once they have been formulated. But, so far as its compati bility with a reign of freedom is concerned, we have no test for a law that confines itself to regulating the relations between different persons and does not interfere with the purely private concerns of an individual, other than its generality and equality. It is true that such a law may be bad and unjust; but its general and abstract formulation reduces this danger to a minimum."

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