One reason blogging has been light here lately is that I’ve been writing about Hayek: a critique that’s been on my mind for quite a while. I’m trying to boil it down so that it doesn’t turn into a long tirade of all the faults I find in him.
Anyway, with perfect timing, Arts and Letters Daily points to this article on Hayek by Jesse Larner. In some ways, the article is a testament to how much of what Hayek argued in The Road to Serfdom and elsewhere is now taken for granted. And in some ways, it’s telling how Hayek’s self-contradictions, omissions, and ambiguities allow socialists to bore into him and hang their conceptions on what’s left.
But what I find particularly interesting—and what has a lot to do with the thesis of my paper—is Larner’s comment that “there are all kinds of imaginative ways in which libertarian collectivism can coexist with capitalism and markets.” That is true: voluntary cooperatives and collectives proliferate in free societies; just look at the religious communes of Nineteenth Century America. Hayek would certainly have acknowledged these experiments as valid and important in the process of social evolution. What he would not have been able to do is to express any moral evaluation of these experiments. Because he confines his moral horizon to the evolution of groups following “partially different rules,” Hayek cannot offer objective standards for evaluating those rules. At the most important point of his argument, Hayek becomes a relativist. Thus Larner is wrong to think that Hayek wouldn’t recognize experiments with collectivism in a free market—on the contrary, the problem with Hayek is just that his antirationalism hinders him from distinguishing these in principle from coercive collectivism. Of course, he tried to do so anyway, by appealing to noncoercion as a value. But that value is offered basically on faith in Hayek’s work, and is not supported by any philosophical foundation. In his brilliant assessment of Hayek, Chandran Kukathas rightly observes that Hayek’s system appeals to two mutually incompatible values: on one hand, a traditionalism that says reason can’t find objective standards for judging a social order, and on the other a principle of noncoercion that must rest on reasoned objectivity.
It is absurd for Larner to say “The right-wingers have never quite known what to do with the kibbutzim”: free marketers have always said that people can try such experiments if they like (although they are probably going to fail) but that we draw the line at coercion. Hayek, though, cannot draw that line, given his antirationalism.
“[T]o Hayek,” Larner concludes,
the common law is a spontaneous phenomenon, without obvious human direction. In a sense law is related to custom in this manner, but there is no guarantee that honoring this concept of the nomos leads to an enlightened condition of liberty. Isn’t the barbaric (I use the word with no relativistic embarrassment) practice of female genital mutilation derived from this sort of nomos? Hayek is susceptible to this mistake precisely because he is distrustful of all human attempts to define authority and so prefers a mystical, holistic origin for it.... Hayek is a romantic.
That’s true, but note that Hayek does say that the spontaneous evolution of the law will lead to such barbarities at times, and that these should be corrected by conscious efforts of judges who endeavor to do right on the basis of a conception of justice: that is, in the end, Hayek is forced to accept the idea of conscious reform that he spent so much of his career attacking as “constructivist rationalism.” Hayek’s antirationalism then leads him in the direction of romanticism in a way that Larner does not explore, perhaps because it is a disease endemic to the collectivist left: Hayek, like so many modern leftists, ends Law Legislation And Liberty by claiming that the mind is the product of society and that there can be no right and wrong outside of society: that is, that the collective is the source of individual will and individual rights. Hayek’s biggest flaws are those he shares with Larner’s comrades.
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