So I suppose, then, that Hayek was a fervent advocate of restoring the
commons and dispersing the capital centralized in the period of "primitive
accumulation"?

On Fri, May 13, 2011 at 9:19 AM, David B. Shemano <[email protected]>wrote:

> Hayek was big defender of the common law, meaning judge made law decided on
> a case by basis, building on prior cases through precedent, developing over
> generations, as opposed to code law (e.g., the Napoleonic Code), meaning the
> legislative branch creating statutory law intended to address in absract all
> circumstances.  Hayek would argue that the common law is preferable, because
> law is created in a dispersed manner from below (i.e., law is created based
> upon specific circumstance at almost an invididualized level with ability to
> evolve over time), as opposed in a centralized manner from above (i.e., law
> is created based upon abstraction and then with little ability to evolve
> because of codification). So Hayek would say the common law is an example of
> spontaneous order because there is no centrailized authority directing it
> (spontaneous), but it is quite efficient (orderly).
>
> David Shemano
>
> --- Original Message---
>  To: Progressive Economics <[email protected]>
>  From: Jim Devine <[email protected]>
>  Sent:  5/13/2011  8:35AM
>  Subject: Re: [Pen-l] Hayek vs. Schumpeter
>
> >> >> BTW2, can someone explain how there can be a "spontaneous order" in a
> >> >> market without the state using coercion to enforce (some) property
> >> >> rights?
> >>
> >> Doug:
> >> > Who thinks otherwise? Even diehard libertarians believe that the state
> has to enforce
> >> contracts and property rights.
> >>
> >> Of course, but then how is it "spontaneous"?
> >> --
> >> Jim Devine / "Segui il tuo corso, e lascia dir le genti." (Go your own
> >> way and let people talk.) -- Karl, paraphrasing Dante.
> >> _______________________________________________
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> >> https://lists.csuchico.edu/mailman/listinfo/pen-l
> >>
>
>
>
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-- 
Sandwichman
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