Stanford Encyclopedia of Philosophy
 
 
Friedrich  Hayek
First published Sat Sep 15, 2012;  substantive revision Wed Dec 14, 2016
 
Friedrich Hayek was born in Vienna in 1899 into  a family steeped in 
academic life and scientific research. He worked as a  statistician from 
1927–31, 
became a Lecturer in Economics at the University of  Vienna in 1929, then 
moved to the University of London in 1931, the University  of Chicago in 1950, 
and the University of Freiburg in 1962, retiring in 1967. He  continued 
writing into the late 1980s, dying in 1992. 
Hayek worked in the areas of philosophy of  science, political philosophy, 
the free will problem, and epistemology. For all  that, Hayek was more 
hedgehog than fox. His life’s work, for which he won a  Nobel Prize in 1974, 
illuminated the nature and significance of spontaneous  order. The concept 
seems 
simple, yet Hayek spent six decades refining his idea,  evidently finding 
elusive the goal of being as clear about it as he aspired to  be. 
This essay concentrates on this enduring theme  of Hayek’s work, and a 
question: why would the scholar who did more than anyone  in the twentieth 
century to advance our understanding of price signals and the  emergence of 
spontaneous orders also be driven to claim that social justice is a  mirage

 
 
Communities Tend To Be Spontaneous Orders
What  emerges from the haggling is not only a deal, but something larger: a 
community.  There was no central decision about who should produce tin, or 
whether anyone  should; no central decision about who should consume tin, or 
whether anyone  should; no central decision about what should be given in 
return for tin. All  that happened is that some people guessed that if they 
were to produce tin and  bring it to market, it would be worth something to 
customers—enough to make the  venture worthwhile. When some of these guesses 
prove correct and trades are  consummated, a market in tin emerges and 
becomes part of what brings people  together as partners in mutually beneficial 
ventures. 
Price  signals thus economize on information. In the process, they  induce 
patterns of cooperation that involve multitudes. Cooperation evolves  among 
people who need not share a language, need not be aware of each other’s  
existence, and need not be aware of their mutual dependence. They are only  
vaguely aware of the thousands of jobs that need doing so as to supply inputs  
that enable them to have a finished product to sell. Particular agents 
seldom if  ever have more than a glimpse of the big picture, yet they manage to 
come  together to form a community, and almost all are vastly better off as a 
 result. 
2. Progress
Technological  progress extends the frontiers of the possible. To Hayek, it 
is the freedom of  the few to do something novel that matters most, not the 
freedom of the many to  do something familiar. Accordingly, the freedom I 
exercise myself often is not  the freedom that has the most bearing on my 
future (Hayek 1960, 32). Consider  that early adopters finance research that 
brings down production costs and thus  finances a dispersion of products and 
services at falling prices that eventually  bring late adopters like me to 
the market. I may never trade with early  adopters, yet even so I depend on 
them, for they help to finance the invention  and ongoing re-invention of 
products whose marginal cost eventually falls to a  point where I can afford 
them. 
Often,  technological progress consists of innovations that lower 
transaction cost:  steam boat, railroad, air travel, telegraph, telephone, 
internet, 
bar code  reader, “apps” that make possible such businesses as Uber and 
AirBnB, along with  innovative organizational structures and business models 
such as Federal Express  or container ships (which, after a ten-year legal 
battle with trade unions,  reduced from days to minutes the time that a truck’s 
contents would spend at the  dockyard before being transferred to a ship). 
In many cases, the cost of  transacting concerns the cost of information. As 
the frontier of knowledge  expands, the slice that a given individual can 
grasp inevitably becomes a  smaller part of the whole. Prices become an 
increasingly indispensable window to  a world of tacit knowledge. 
In  summary, technological innovation shocks economies. Once profitable 
investments  become relics of a bygone age and must be liquidated. Workers get 
laid off until  they find some other way to produce goods wanted by today’s 
customers.  Transitions are tough, miscalculations abound, but the upshot is 
that we grope  toward heights made possible by a given innovation. 
Innovative ways of lowering  transaction cost spread throughout a community, 
and 
failures (including  once-useful but now obsolete innovations) are discarded. 
More precisely,  failures are discarded if and when decision makers are 
innovators on the ground,  learning to avoid losing their own money on ideas 
that 
fail to bear fruit in a  given time and place. 
Hayek  denies that resources will ever be used at theoretical peak 
efficiency (1945,  527). Humans being what they are, waste is ubiquitous. 
Mistakes 
are ubiquitous.  The “marvel” of markets is that people make mistakes, learn 
from mistakes, and  avoid repeating them. By contrast, if decision makers 
are bureaucrats in large  organizations, their focus is not on avoiding 
mistakes but on avoiding budget  cuts. If bureaucrats acknowledge that their 
plan 
is failing, the consequences is  not that they retrench and divert their 
own resources to better purposes but  that higher administrators cut their 
budgets. Note: what cuts their budget is  not the mistake so much as someone 
learning from the mistake. Bureaucratic  structure makes new information a 
threat that needs suppressing (1944, 130). 
Bureaucrats  experience mistakes not as events from which they need to 
learn but rather as  events that they need to cover up. Their mistakes are with 
other people’s money,  so bureaucrats learn to say with a straight face, 
when confronted, that their  budget was not large enough, or that things would 
have been worse without their  policies.[_1_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-1) ] They 
may even believe what they 
are  saying, but they do not know and have every incentive to avoid learning. 
3. Planned Orders Are Inferior
If  we understand the principles that drive the logic of the system, we may 
be able  to predict that a population of insects will evolve resistance to 
a pesticide.  We may be able to predict that a society that declares war on 
drugs will lose.  Beyond the question of what we can predict, then, Hayek 
has a further and more  precise target: however much we can predict, there is 
a drastic limit to what we  can simply decide.[_2_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-2) ] No one 
can decide that 
people won’t  respond in predictable ways to perverse incentives 
unintentionally 
created by a  central plan, in the same way that no one can decide that 
insects will not  become resistant to an insecticide. 
This  point, as Adam Smith observed, is not obvious. There is a class of 
technocrats  who will not appreciate the difficulty. As Smith famously 
observed, and as Hayek  quotes approvingly, the “man of system” 
seems to imagine that he can  arrange the different members of a great 
society with as much ease as the hand  arranges the different pieces upon a 
chess-board. He does not consider that  the pieces upon the chess-board have no 
other principle of motion besides that  which the hand impresses upon them; 
but that, in the great chess-board of  human society, every single piece has 
a principle of motion of its own,  altogether different from that which the 
legislature might choose to impress  upon it. If those two principles 
coincide and act in the same direction, the  game of human society will go on 
easily and harmoniously, and is very likely  to be happy and successful. If 
they are opposite or different, the game will  go on miserably, and the society 
must be at all times in the highest degree of  disorder (Smith 1790, 234).
The  system has a logic. Planners cannot change that logic. Their main 
decision is  whether to work with that logic or against it (which Smith regards 
as a choice  between harmony and misery). Smith holds that planners who 
disregard economic  logic are deciding in effect to sacrifice their “pawns,” 
something that a person  of true benevolence would not do. 
When  Hayek explains the obstacle to effective central planning, his claim 
is not  merely that information is widely dispersed and therefore hard to 
acquire.  Rather, it is impossible to acquire (Hayek 1973, 51). When prices 
are set  periodically by a central planner, rather than instantaneously by 
consumers and  producers who are the first and typically the only people to 
have that  information in reliable and timely form, prices inevitably carry 
less reliable,  less timely information. As Hayek notes, 
If we possess all the  relevant information, if we can start out from a 
given system of preferences,  and if we command complete knowledge of available 
means, the problem which  remains is purely one of logic. That is, the 
answer to the question of what is   the best use of our available means is 
implicit in our assumptions. This,  however, is emphatically not the economic 
problem which society faces. And the  economic calculus which we have developed 
to solve this logical problem,  though an important step toward the 
solution of the economic problem of  society, does not yet provide an answer to 
it. 
The reason for this is that the  “data” from which the economic calculus 
starts are never for the whole society  “given” to a single mind which could 
work out the implications and can never  be so given (Hayek 1945, 519).
Soviet  central planners made decisions by checking prices on international 
markets, but  suppose there were no information about supply and demand to 
be had anywhere.  Suppose you are a planner, but all you know is that 
demands are coming in for  wire and for jewelry. How do you decide whether to 
direct factories to make wire  out of copper or platinum, or whether smiths 
should make jewelry out of gold or  silver? How do you decide who should get 
silver jewelry and who should get gold?  How do you decide whether anyone at 
all should get jewelry, as opposed to  reserving all such metals for use as 
wire? 
When  consumers are not paying for what they receive, their demand is 
effectively  infinite. Inevitably, a central planner’s task eventually becomes 
one of cost  containment. Worse yet, a planner with no measure of cost has 
only a limited  basis for deciding what to count as containing cost. If a given 
ton of steel can  make one car or ten refrigerators, which way of using 
steel is economical? How  does a planner decide whether to invest in upgrading 
water supplies or nuclear  reactors? If all you know as a producer is that 
people are asking for infinitely  more than you can give, then eventually you 
turn a deaf ear, deliver your quota,  and pay no attention to whether 
preferences are being satisfied or needs are  being met. 
Suppose  that prices are set by planners. Hayek says with a thought more 
characteristic  of neoclassical economists: “Only prices determined on the 
free market will  bring it about that demand equals supply” (Hayek 1960, 63). 
Price  controls—floors and ceilings—make buyers and sellers less able to 
respond to the  signals they would send each other if they could raise their 
offer or lower  their asking price. If price cannot rise, then buyers cannot 
signal producers  that demand has increased and that producers would sell 
more if they were to  increase supply. And if producers do not increase supply, 
rising demand results  in shortages rather than economic growth. (See 
especially Zwolinski 2008 for  further elaboration.)[_3_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-3) ] 
A  central planner could have the world’s most powerful computer, beyond 
anything  imagined when Hayek published “Use of Knowledge” in 1945. No 
computer, however,  could solve the problem that Hayek was trying to 
articulate. 
The problem is not  lack of processing power so much as a lack of access to 
the information in the  first place. That much seems clear enough, but the 
problem has a deeper level.  The problem is not merely lack of access to 
information; rather the information  does not exist. There is no truth about 
what 
prices should be, accessible or  otherwise, except to the extent that 
prices represent what customers are paying  for a given service. That is the 
precise way in which prices are of service to a  community (1944, 51–52). 
For  example, suppose that a manufacturer figures out how to make an “epipen
” that  can save the lives of consumers otherwise at risk of fatal allergic 
reaction to  bee stings. Suppose the manufacturer can produce a limited 
supply of epipens for  a little less than a hundred dollars each, and proceeds 
to offer them for sale  for a hundred dollars. Suppose that the manufacturer 
finds that buyers line up  by the thousands wanting to buy the pens, and 
suppose that there emerges a group  of “scalpers” willing to stand in line 
for weeks, who buy all the pens for a  hundred dollars each, then resell the 
pens for two hundred dollars, then three  hundred, then four hundred, and the 
demand is still strong. Hayek would predict  that if we let the price 
signals be the marvels that they are, then other  producers will jump in and 
begin to manufacture pens for a hundred dollars each.  Eventually the demand is 
met, and the scalpers go away. Then other producers  invent a new process 
that enables them to produce the pens for ninety dollars,  then eighty, and 
again the price will fall, as competition leads the price  signal to track the 
falling cost of production. Of course, if we issue a patent  or a licensing 
scheme or some other way of preventing rival producers from  entering the 
market, then this will not occur. By the same token, if we impose a  price 
ceiling of a hundred dollars, then no signal is sent to prospective  rivals, 
unless scalpers send the signal to rivals willing to produce for the  black 
market. Or if there is some other reason why it is impossible to increase  
the supply, then prices may drift up toward the limits of a customer’s  
willingness to pay. Barring this, there are many ways for kings, legislators, 
or  
other planners to interfere, but price signals work in a particular way if  
planners let it be: supply and demand tend to equilibrate, and to converge 
on a  price in the neighborhood of the cost of production. A product tends to 
end up  in a consumer’s hands just in case that particular consumer wants 
the product  enough to pay what it cost to produce it. 
Although  computers cannot solve the problem, Hayek thought radically 
dispersed decision  making by buyers and sellers can and does solve the 
problem, 
so far as it can be  solved. Sellers who charge too much end up without 
customers; they learn to be  more efficient or else go out of business.[_4_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-4) ] Buyers 
who want x but consider it overpriced stay home  for a while, waiting for 
the price to fall, but when they see xflying off the shelves, some of them 
learn  something about themselves: that they would rather have the product at 
that  price than not have it at all. To Hayek, only a price mechanism can 
process  changing information almost instantaneously. Ironically, themost 
efficient thing a central planner could  possibly do would be to set a price 
right where it would have been without the  planner’s intervention.
Law As An Ecological Niche
In  nature, for biological adaptation to culminate in better-adapted 
populations  over time, the niche to which a population is adapting must be 
relatively  stable. Likewise, under a rule of law, the aim of government is not 
to 
win but  to provide a stable ecological niche that enables the game’s true 
players to  evolve strategies apt for success within that niche. An 
elaborate crystal  structure cannot form unless the medium in which crystals 
form is 
left  undisturbed. Hayek’s ideal is a legal “medium” of society, liberal 
enough to permit creativity, stable enough to reward creativity, and 
constraining enough (in the right ways) to steer  creativity away from zero-sum 
and 
negative-sum games and toward positive-sum  games: that is, wealth creation, 
not wealth capture. 
Here,  then, in a few sentences, is one way of understanding Hayek’s point. 
Not  everything that happens in an evolving community is foreseen or 
intended.  Actions have more than one consequence, and more than the intended 
consequence.  This is especially so when there is more than one decision maker. 
No one follows  a planner’s plan simply because the planner intends that 
they do so. “Pawns”  adjust to the planner’s plan in whatever fashion best 
fits their own plans, and  the result is too chaotic to be safely predictable. 
Further, the rule of law  itself is an evolving product of ongoing decision 
making, so it likewise takes a  shape not intended by any legislator. Does 
this mean that every order is  tautologically a spontaneous order? The 
answer: it is a universally true  empirical generalization, not a tautology, 
that 
every social organization, even  a dictatorship, is partly an ongoing 
product of ordering  processes that are to some degree spontaneous. However, 
while 
the degree to  which outcomes are unintended is a continuum, there remains 
a point in  categorizing communities as centrally planned as opposed to 
spontaneous. A  central plan is designed to yield an end-state. The plan aims 
to 
bring about  particular outcomes—what roles people will play, what they 
will achieve in those  roles, and what they will win by so achieving. By 
contrast, in what we should  call spontaneous order, government provides a 
stable 
and known framework of  rules (Hayek 1944, 113). Although this ideal can 
never be fully achieved in  practice, a government under rule of law acts as 
referee and provider of the  rule book (Hayek 1960, 114) and operates as much 
as possible by an ideal of  “letting the players play.” 
Is  letting the players play good? Necessarily good? Adam Smith might have 
said no,  as might Hayek. A praiseworthy rule of law facilitates mutually 
beneficial trade  by internalizing externalities, by minimizing transaction 
cost (especially when  it comes to acquiring information), by minimizing 
opportunities to acquire  people’s goods without their consent (thereby 
encouraging people to trade on  agreeable—thus typically beneficial—terms), and 
by 
being extremely cautious  about trying to do more than that. 
Hayek  had no particular complaint about providing public education or the 
minimal  elements of a welfare state, but not because such institutions are 
essential.  Hayek would simply have said that such institutions need not 
devolve into  central planning and thus need not be antithetical to a free 
society. Issuing  vouchers, for example, to subsidize the purchase of epipens 
or 
education would  to some extent distort markets in the subsidized products 
(having an  inflationary impact on prices for those products) but it would 
not distort to  the extent that price controls would. 
4. Justice as Impartiality, Politics As  Entrepreneurship Without Restraint
Hayek  was a consequentialist of sorts, as was Adam Smith, and yet Hayek’s 
defense of  economic freedom, like Smith’s, hints at a contractarian or 
deontological (and  also, in Smith’s case, virtue-theoretic) moral sensibility 
that regards the  separateness of persons as morally fundamental. Thus, for 
example, Hayek says,  “the test of the justice of a rule is usually (since 
Kant) described as that of  its universalizability” (Hayek 1969, 168). As John 
Gray sees it, Hayek commended  the laws of justice “as being the 
indispensable condition for the promotion of  the general welfare” but Hayek 
held, at 
the same time, that “an impartial  concern for the general welfare is itself 
one of the demands of  universalizability” (Gray 1984, 65). 
In  service of the overall project of fostering the general welfare, the 
point of  law and legislation is to craft a framework such that a market order 
is a  history of pareto-improving trades.[_5_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-5) ] A 
primary role of law and (when  
necessary) legislation is to narrow people’s options so as to limit  
opportunities to get rich at other people’s expense.[_6_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-6) ] So 
long as the rule of law 
can  internalize external cost and thereby steer innovation in mutually 
beneficial  rather than parasitic directions, an evolving order will be an 
order 
of rising  prosperity. 
By  contrast, in a planned order, even astute and conscientious decisions 
by men of  system are damaging in a particular way. Namely, as they become 
micro-managers,  these men of system become players rather than umpires. If 
bureaucrats start  playing the game—responding to ephemeral events with 
centralized fine  tuning—then even if they play as cleverly as bureaucrats 
could 
possibly play,  the fact remains that in consequence, the dispersed and tacit 
knowledge of  ordinary buyers and sellers ends up on the sidelines 
watching. People who would  have been job creators become mere spectators, 
hamstrung 
by uncertainty, waiting  to see what the plan is going to be. Until they 
know the plan, they have no way  of knowing, or even intelligently guessing, 
something as simple as whether their  staff is too small or too large. 
Government  provides the framework for interaction. Ideally, as mentioned, 
government  operates only within a stable and known framework of rules 
(Hayek 1944, 113).  This is Hayek’s ideal of good government. Is it realistic? 
Could any government  be expected to act as an impartial umpire? Hayek saw the 
rule of law as the  market’s exogenous ecological niche, and thought that 
this niche, the rule of  law, must be properly constructed if the process of 
spontaneous order is be a  good thing. However, Hayek seemingly came to 
doubt there could be any such thing  as properly constructed rule of law, for 
the following reason. Law-making is a  process driven by processes more or 
less indistinguishable from market process  except that benefits to legislators 
of their law-making are concentrated while  costs are widely dispersed and 
thus only dimly understood even after the  fact.[_7_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-7) ] This 
is not only a moral 
hazard but an  information problem. A piece of legislation may be thousands 
of pages. No  one intends the bill as a whole. Indeed, there is  no overall 
point to the bill, known or otherwise, because, prior to passage,  literally 
no one has even read more than a few pages of it, not even the  hundreds of 
legislators who each added a few pages of earmarks to it as the  price of 
securing their vote. 
Common  law, by contrast, is a body of practice and tradition that 
sometimes needs to be  supplemented by legislation. Crucially, however, by 
virtue of 
passing the test  of time as a device for settling disputes, common law 
cannot be seen as mere  prejudice or superstition. On the contrary, it will 
have a decided advantage  over ongoing legislation, given that legislation is 
driven by untested ideas  about how to respond to the crises of the day, and 
will be passed without anyone  knowing the larger and lasting consequences. 
Hayek never doubted the need for  legislation but lamented our propensity to 
be oblivious to its inevitable  unintended consequences and to radically 
discount its inevitably unseen cost  (Hayek 1973, 86). 
5. Hayek Against Justice
To  Hayek, it matters far more that the law be a framework for coordination 
than  exactly what the coordination points are (Hayek 1960, 118). Hayek 
realizes that  many coordination points have distributive implications, which 
leads Hayek to  lament our tendency to evaluate distributions by asking 
whether they are just.  (Yet, Hayek concedes, at least in principle, the 
legitimacy of a minimum income  or welfare safety net of some sort. See Tebble 
2015 
for a sympathetic yet acute  argument that this concession on Hayek’s part 
is a “fatal ambivalence.” In fact,  Tebble argues, Hayek’s repudiation of 
social justice leaves no room for any such  concession.) 
Hayek  says, “one of my chief preoccupations for more than 10 years” has 
been coming to  terms with the idea that social justice is a mirage (Hayek 
1978b, 57).[_8_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-8) ] By 
socialjustice, Hayek seems to mean distributive  justice, and 
more specifically what Nozick called end-state principles of  distributive 
justice, which treat justice as a feature of outcomes rather than  of 
procedures. 
Why  would justice so conceived be a mirage? Hayek says, “there can be no  
distributive justice where no one distributes” (Hayek 1978b, 58 or 1976, 68–
69).  In Hayek’s words, “considerations of justice provide no 
justification for  ‘correcting’ the results of the market” (1969, 175). So long 
as 
traders are  voluntarily making pareto-superior moves, there is nothing else 
that can be said  or needs to be said by way of justification. 
Why  resist applying conceptions of justice and injustice to situations 
where no one  distributes? What is haunting Hayek here is not the idea that one 
person might  be more deserving than another, but that a “merit czar” 
might presume to correct  markets that fail to give people what they deserve. 
Fearing the potential for  tyranny, Hayek argues not that markets are just but 
that they are not the kind  of thing that can be just or unjust. Where no 
one distributes, there may be  something lamentable about the result, but the 
result will not be an injustice  in the way that engineering such a result 
would be. Outcomes that  would have been unjust if deliberately imposed 
(such as being born with a cleft  palate) sometimes simply happen. As Rawls 
says, “The natural distribution is  neither just nor unjust; nor is it unjust 
that persons are born into society at  some particular position. These are 
simply natural facts.” Hayek would  agree. 
Rawls,  however, immediately adds what Hayek would call a non sequitur: “
What is just  and unjust is the way that institutions deal with these facts” 
(Rawls, 1971,  102). If Rawls is right to deem the natural distribution 
neither just nor  unjust, then when institutions “deal with natural facts,” 
they 
are not undoing  wrongs. Hayek would never deny that cleft palates are bad 
or that fixing them is  good, but would insist that fixing what is not 
unjust cannot count as rectifying  injustice. If we feel called upon to invent 
something to help children with  cleft palates, it will be because having a 
cleft palate is bad, not because  having it is unjust. When we help, we are 
not fixing an improper distribution of  cleft plates. We are simply fixing 
cleft palates (Schmidtz 2006, 219). The  problem to which we are responding has 
nothing to do with envy, inequality,  rights, or fair shares. The stand we 
take when we create a safety net is not  against injustice but against 
suffering (Hayek 1976, 87). 
If  this is right, then it illuminates why Hayek’s real concern cannot be 
simply that there can be no injustice in a  market where no one distributes. 
For example, suppose I accidentally destroy  your car. No one distributed 
the damage. The situation is neither just nor  unjust. Yet, if Rawls were to 
say that what is just or unjust is how we respond  to the damage, Hayek would 
have to agree. Somehow, the situation is different  when an accountable 
agent caused the damage. 
Hayek  seems to worry that our sense of justice can make it harder for us 
to live  together, and make progress together. To Hayek, if people cannot 
claim that a  starting point is unjust, then whatever we do must be justified 
as an improvement, not as rectification. If there is  no injustice needing 
rectification, then the improvement we have a right to  strive for is 
pareto-improvement, or in any case, improvement by mutually  acceptable means. 
By 
contrast, if (contra Rawls) the natural distribution were  unjust, that would 
open the field to all of the zero-sum and negative-sum moves  that people 
feel warranted in imposing on each other under the guise of being  fair. The 
right to make such moves with other people’s money becomes an  overwhelmingly 
lucrative political football, luring a society’s entrepreneurial  talent 
into politics, where instead of creating new social capital,  entrepreneurs 
spend their time inventing clever new ways of dividing it. (Rawls  could note 
that money being in the possession of others does not entail that the  money 
is rightfully theirs, but Hayek is doing social science here. He would not  
deny the plain fact that people can and often do treat other people’s  
possessions as a political football, and sometimes even invent theories  
according to which they have a right to do so. Hayek is talking about the  
empirical cost of treating other people’s possessions as a political football,  
not 
the theoretical possibility.) 
In  Hayek’s mind, we should want from a system of justice what we want from 
a system  of traffic management: a framework that helps us form mutual 
expectations about  who has the right of way. An effective system of traffic 
management allows us  simply to coordinate on a set of mutual expectations that 
we each find useful in  helping us stay out of each other’s way as we each 
set a course for our  individually chosen destinations. A traffic management 
system does not pick our  destination for us. Neither does it require us to 
justify our destination to  others. Indeed, a traffic system’s utility 
largely lies in people not needing to  justify themselves. If we operated by 
end-state principles of justice (Nozick  1974), we would need to justify every 
move that bore on how goods would be  distributed in the evolving end-state, 
which is to say we would need to justify  virtually every trade we 
contemplate, which would gridlock us rather than  facilitate our inventing new 
ways 
of making ourselves more valuable to the  people around us. 
Perhaps  Hayek is overreacting here, but this (I believe) accounts for his 
seemingly  dogmatic dismissal of end-state principles of justice. For 
reasons reminiscent  of Nozick’s, Hayek finds such principles unaffordable, and 
incompatible with  autonomous agents minding their own business in a free 
society. Indeed such  principles make it impossible to say what could count as 
minding one’s own  business. In that respect, in trying to carve out a 
coherent realm of individual  autonomy, Hayek is, as he often claimed, 
paradigmatically a liberal, not  conservative. 
5.1 Input, Output, and What It Means To Economize
Merit,  as Hayek understands it, concerns the character of the action as 
opposed to the  nature of the achievement (Hayek 1960, 94). In other words, to 
Hayek,  merit-claims concern the inputs one brings to a process, not the 
output. In  Hayek’s mind, nothing good can come of that. In a free society, to 
Hayek, we are  rewarded for our output, not our input (Hayek 1960, 98). 
Hayek  has an important point. His core concern is the “mirage” of 
thinking that  justice requires rewarding people for supplying inputs rather 
than 
for supplying  outputs. Yet, if it is a mirage that only inputs should be 
rewarded, surely it  is equally a mirage that justice is only about inputs. 
Admittedly, if we leave  customers to their own devices, output is what they 
will reward, which is what  Hayek wants. By the same token, when people left 
to their own devices choose to  reward us for our output, their behavior will 
not be insensitive to merit. The  tendency of market rewards to track merit 
will be merely a tendency, but  meritocracy being merely a tendency is not 
the same as meritocracy being a  mirage. A key element of the success of a 
system in promoting prosperity will be  that in rewarding excellent output, 
it will be rewarding the hard work, courage,  alertness, and commitment that 
makes for excellence. It will be rewarding luck  too, to be sure, but 
typically not sheer random fluke.[_9_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-9) ] Hayek 
speaks as if merit has everything  to do 
with trying hard, and nothing to do with excellent output, but saying it  
does not make it so, and there is no reason to believe it (Schmidtz 2008,  
34). 
Hayek  says we want to economize on merit (Hayek 1960, 96). If merit were 
tied  exclusively to supplying inputs, the Hayek would be right. But even if 
Hayek  were right, it it is hard to see why Hayek thinks this is relevant. 
Consider  that we economize on gold. Why? Answer: because gold is valuable. 
In fact,  saying we economize on hard work is another way of saying hard work 
is  important. It is not evidence that hard work is a mirage. It is not 
evidence  that we are in the grip of a mirage when we imagine that we have 
reason to  reward hard work that culminates in excellent output. 
In  sum, a merit theorist might concede to Hayek that rewards ought to 
track actual  performance, not inner merit. Customers can judge your product’s 
merits without  needing to know whether you were lucky. The crucial point is 
that wherever it is  more rewarding to work hard than not, more rewarding to 
do excellent work than  not, more rewarding to be alert to customer needs 
than not, a system is tending  to reward the right things. In that system, 
output will tend to be increasingly  excellent over time. Products will tend 
to work. People will tend to prosper,  and will tend to aim at being 
meritorious to boot. 
Fair Practices
Note  the similarity between Hayek’s view and the view expressed by John 
Rawls in “Two  Concepts of Rules” (1955). Hayek and Rawls both understood 
what is involved in  a practice having utility. To use Rawls’s example,  the 
practice of baseball is defined by procedural rules rather than by end-state  
principles of distributive justice. One has to be dogmatic (Hayek would say) 
 about how many strikes a batter should get, in order to have a practice at 
 all. 
Imagine  changing the concept of the game so that the umpire’s job is to 
make sure the  good guys win. What would that do to the players? What would 
become of their  striving? The result of the change would not be baseball. If 
we end up with a  game where the umpire is making sure the favored side 
wins, then the players are  sitting on the sidelines watching, hoping to be 
favored. Hayek’s insight (and  Rawls’s insight at that stage of his career) is 
that genuine fairness is not  about making sure prizes are equally 
distributed.[_11_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-11) ] It is 
not even about making sure  outcomes are not unduly influenced 
by morally arbitrary factors such as how well  the players played or how 
hard they worked to develop their talent. True  fairness is about being 
impartial, nonpartisan—proverbially, “letting the  players play.” 
One  of Hayek’s problems with the kind of justice that amounts to making 
sure the  good guys win is that it tends to turn society’s basic structure 
into a  political football, which tends to squander gains from trade. To Hayek, 
again,  true justice is about letting the players play, in the same way as  
pareto-improving economic coordination is about letting the players play. 
(See  also Gaus 2016.)[_12_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-12) ] 
5.4 Just Price
Whether  we realize gains requires only that we trade, not that we trade at 
any  particular price. Thus, we don’t want to focus on price when the 
wealth of  nations has everything to do with gains from trade and nothing to do 
with  price. 
Indeed,  Hayek observes, being obsessed with just price would make trading 
less likely,  which would tend to squander some of the cooperative surplus. 
Much of Hayek’s  aversion to justice stems from a sense that (for thousands 
of years) talk of  justice has had a way or turning into talk of just price 
(Hayek 1976, 73). This makes prices  appear morally important, which to 
Hayek is a mirage.[_13_ 
(https://plato.stanford.edu/entries/friedrich-hayek/notes.html#note-13) ] Of 
Adam Smith’s butchers and bakers,  Hayek says, 
Precisely because they were  interested only in who would offer the best 
price for their products, they  reached persons wholly unknown to them, whose 
standard of life they thereby  enhanced much more than they could have that 
of their neighbors… (Hayek 1978b,  60).
Hayek’s  dismissal of social justice as a mirage is a gratuitously 
tendentious way of  packaging his actual view. However, the motive for his 
dismissal 
is  understandable: namely his dread of the prospect of licensing a justice 
czar to  intervene to make sure prices are fair, thus derailing the 
wealth-creating  spontaneous trading of a free society within the rule of law. 
Paraphrasing  Michael Munger (2013), the closest thing we have to an omniscient 
social planner  are the twin forces of supply and demand, but those forces 
speak to people  through prices. When the state makes it a crime to charge 
what the market will  bear, the only voice that could give people reliable, 
timely advice is struck  dumb. 
For  example, 
If there is a shortage of  refrigerants during a power failure, and if 
price-gougers are free to charge  whatever the market will bear for ice, then 
people who want ice for no better  reason than to chill warm beer are 
systematically outbid by buyers to whom the  ice is worth a great deal more 
than 
that. This is a good thing. Customers who  want ice to chill insulin or baby 
formula bid the price up to a level that  secures their supply by shutting out 
the beer drinkers. In effect,  beer-cooling two-dollar ice disappears from 
the market, while life-saving  twelve-dollar ice remains in adequate supply. 
By contrast, if the price of ice  is legally prevented from rising above 
$2, then two things happen, not one.  First, as per the standard neoclassical 
model, ice supply falls because  suppliers do not supply as much ice at a 
lower price. Second, there is a  tragic distributive implication overlooked by 
the standard analysis. Namely,  if prices are capped at $2, then buyers who 
want ice only to chill their beer  are still in the market. Beer drinkers 
will  consume some fraction of the scarce supply that a free-floating price 
would  have reserved for insulin users who need it more. When we look at the  
deadweight loss triangle on the standard equilibrium model, we miss this  
second effect (_Schmidtz 2016b_ 
(http://davidschmidtz.com/en/research/are-price-controls-fair-0)  offers 
graphical analysis as  well).
The  standard neoclassical model assumes that it is the lowest value buyers 
who are  shut out by the controlled price. However, it is a robustly 
replicable result of  classroom auction experiments that the empirical scope of 
the tragedy of price  controls is larger than that predicted by neoclassical 
theory. The difference  has to to with, as Hayek might have said, knowledge 
that is effectively embodied  only in prices. In capping the price of ice at 
$2, we ensured that rising prices  would not signal low-value consumers that 
new special circumstances have given  them special reason to defer to 
high-value consumers. We intuitively endorse  price controls on grounds of 
social 
justice, as if it would be unfair to let  insulin users outbid beer 
drinkers for ice when supply runs short. But our  intuition does not survive 
scrutiny. The canonical case for price controls  applies when an economy is in 
some way under siege and supply is fixed (or in  any case inelastic). In this 
strongest case for price controls, there is a  distributive problem. In the 
abstract, we think that equal access, that is, beer  drinkers ending up with 
an equal share of the ice, is in some way fair. That  appearance of fairness 
is a mirage. 
Hayek  never doubts that we sometimes need legislation, but he thinks the 
aim of  legislation should be to make things better, not fairer; to make 
things more  productive, not more level; to channel innovative thinking in the 
direction of  wealth creation, not wealth capture. Hayek in fact endorses 
norms of pure  procedural justice, and would agree that there is such a thing, 
after all, as  fairness. True fairness, he would say, is about letting 
players play on a more  or less level playing field, but he would insist that 
this is not about making  sure everyone wins their share. Hayek saw a free 
society as one where people are  evaluated on basis of how well they perform, 
not how hard they try—what they  produce, not what they intend. 

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