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BEYOND HAYEKIAN EQUALITY

Published online by Cambridge University Press:  01 December 2023

Stefanie Haeffele
Affiliation:
Mercatus Center at George Mason University
Virgil Henry Storr
Affiliation:
Economics, George Mason University

Abstract

Friedrich A. Hayek argues that “equality of the general rules of law and conduct” is the only kind of equality compatible with liberty and, moreover, that attempting to pursue equality along any other dimension is likely to destroy liberty. For Hayek, then, as a social philosopher and political economist who was principally concerned with understanding and promoting liberal order, the question “What kind of equality?” has a straightforward answer. Equality before the law, perhaps equality of opportunity in a procedural sense, is the equality that we should pursue, not material equality and certainly not equality of outcomes. One wonders, though, whether Hayek dismisses too quickly the more substantive forms of equality and, more importantly, whether we can achieve the liberal society that Hayek envisions without concerning ourselves with more than just the presence or absence of equality of the general rules of law and conduct. This essay will explore, criticize, and expand upon the way that Hayek makes use of equality in his conception of a free society. Specifically, we argue that Hayek may need a more substantive conception of equality than he is willing to deploy in order to arrive at the liberal society he hopes to bring about.

Type
Research Article
Copyright
© 2023 Social Philosophy & Policy Foundation. Printed in the USA

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Footnotes

*

Mercatus Center at George Mason University, shaeffele@mercatus.gmu.edu; Department of Economics, George Mason University, vstorr@gmu.edu. Competing Interests: The authors declare none.

References

1 See, for instance, Sypnowich, Christine, “A New Approach to Equality,” in Political Neutrality: A Re-Evaluation, ed. Merrill, Roberto and Weinstock, Daniel (London: Palgrave Macmillan, 2014), 178209 Google Scholar; Sypnowich, Christine, Equality Renewed: Justice, Flourishing, and the Egalitarian Ideal (New York: Routledge, 2017)Google Scholar. For an assessment of the evolving notion of egalitarianism, see Miller, Richard W., “Too Much Inequality,” Social Philosophy & Policy 19, no. 1 (2002): 275313 CrossRefGoogle Scholar.

2 Peter Boettke has called Hayek’s approach to examining the institutions that best bring about a liberal order “epistemic institutionalism.” Boettke, Peter J., F. A. Hayek: Economics, Political Economy, and Social Philosophy (London: Palgrave Macmillan, 2019)Google Scholar. See also Gray, John, Hayek on Liberty, 3rd ed. (London: Routledge, 1998)Google Scholar.

3 Boettke, F. A. Hayek.

4 See Kukathas, Chandran, Hayek and Modern Liberalism (Oxford: Clarendon Press, 1989).CrossRefGoogle Scholar

5 Gray, Hayek on Liberty.

6 Peart, Sandra J. and Levy, David M., The “Vanity of the Philosopher”: From Equality to Hierarchy in Post-Classical Economics (Ann Arbor, MI: University of Michigan Press, 2005)CrossRefGoogle Scholar. This approach, especially in regard to equality before the law, is similar to the notion of political neutrality.

7 James Buchanan also explores the distinction between viewing society as made of “natural equals” or a “natural hierarchy”; he holds that until these conflicting approaches are reconciled, there cannot be a sort of universal justice agreed upon and enforced across countries. Buchanan, James M., “Equality, Hierarchy, and Global Justice,” Social Philosophy & Policy 23, no. 1 (2006): 255–65CrossRefGoogle Scholar.

8 Horwitz, Steven, Hayek’s Modern Family: Classical Liberalism and the Evolution of Social Institutions (London: Palgrave Macmillan, 2015)CrossRefGoogle Scholar, 246–47.

9 Hayek, Friedrich A., The Constitution of Liberty (Chicago, IL: University of Chicago Press, (1978), 85 Google Scholar. There is a sense in which liberty, equality, and justice are all paths to the same ends; all offer escape from the same fate. It is clear that human dignity and flourishing are not possible in the absence of some measure of all three. Hayek can be understood as arguing that liberty is foundational, that above all no one can or should feel empowered to subjugate others in pursuit of their ends, however noble those ends. We are grateful to David Schmidtz for highlighting this implication of Hayek’s position.

10 For a discussion on the role of equal respect and its connection to equal shares as another way to bridge this gap, see Schmidtz, David, “Equal Respect and Equal Shares,” Social Philosophy & Policy 19, no. 1 (2002): 244–74CrossRefGoogle Scholar.

11 Hayek, The Constitution of Liberty; Hayek, Friedrich A., Law, Legislation, and Liberty: A New Statement of the Liberal Principles of Justice and Political Economy, Volume 2: The Mirage of Social Justice (Chicago, IL: The University of Chicago Press, 1978)Google Scholar.

12 Hayek, The Constitution of Liberty, 11. Also see a discussion on this definition in Kukathas, Hayek and Modern Liberalism, 142. For correspondence about Hayek’s articulation of coercion and its relationship to freedom, see Hamowy, Ronald, “Hayek’s Concept of Freedom: A Critique,” New Individualist Review 1, no. 1 (1961): 2830 Google Scholar; and Hayek, Friedrich A., “Freedom and Coercion: Some Comments and Mr. Hamowy’s Criticism,” New Individualist Review 1, no. 2 (1961): 2832 Google Scholar.

13 Hayek, The Constitution of Liberty, 23.

14 Hayek, The Constitution of Liberty, 29.

15 Hayek, The Constitution of Liberty, 35.

16 Hayek, The Constitution of Liberty, 207–8.

17 For a critique of Hayek’s emphasis on general rules applied equally to all as the best arrangement for limiting government encroachment on freedom, see Hamowy, Ronald, “Law and the Liberal Society: F. A. Hayek’s Constitution of Liberty,” Journal of Libertarian Studies 2, no. 4 (1978): 287–97Google Scholar.

18 Hayek, The Constitution of Liberty, 209.

19 Hayek, “Freedom and Coercion.”

20 Horwitz, Hayek’s Modern Family.

21 See Kukathas, Hayek and Modern Liberalism, 155.

22 There is some debate about how expansive and static Hayek believes these rules should be. See Kukathas, Hayek and Modern Liberalism. Hayek also limits the rule of law to constricting coercive actions by government, making room for other functions, such as foreign policy; see Hayek, The Constitution of Liberty, 206.

23 Hayek, The Constitution of Liberty, 92.

24 See Schmidtz, David, Elements of Justice (New York: Cambridge University Press, 2006)CrossRefGoogle Scholar.

25 Hayek, The Constitution of Liberty, 93.

26 Hayek, The Constitution of Liberty, 79.

27 For Hayek’s anti-constructivist approach, see Gray, Hayek on Liberty; Kukathas, Hayek and Modern Liberalism; Boettke, F. A. Hayek.

28 Hayek, Law, Legislation, and Liberty, Vol. 2, 77.

29 Hayek, Law, Legislation, and Liberty, Vol. 2, 71–72 (emphases in original).

30 Hayek, Law, Legislation, and Liberty, Vol. 2, 131.

31 Hayek, Law, Legislation, and Liberty, Vol. 2, 131.

32 Hayek, Law, Legislation, and Liberty, Vol. 2, 131. In other words, Hayek argues for correcting injustices when they are identified and very recent, but for refraining from righting past wrongs that resulted from unjust institutions or circumstances that occurred less recently. If, for instance, we learn that in a previous game a particular team rigged the system and unfairly won, we could reassign those wins or we could focus on ensuring that such an injustice does not happen in the future.

33 Tariq Panja and Rebecca R. Ruiz, “Russian Biathlete Loses His Medals, His Country’s Latest Defeat,” The New York Times, October 27, 2020, https://www.nytimes.com/2020/10/27/sports/olympics/russian-doping-biathlon-sochi.html; Laurel Wamsley and Merrit Kennedy, “Russia Gets Its Doping Ban Reduced But Will Miss Next 2 Olympics,” National Public Radio, December 17, 2020, https://www.npr.org/2020/12/17/947504052/russia-suspended-from-next-2-olympic-games-over-anti-doping-violations.

34 Though Armstrong was still stripped of his titles and medals. See William Fotheringham, “Timeline: Lance Armstrong’s Journey from Deity to Disgrace,” The Guardian, March 9, 2015, https://www.theguardian.com/sport/2015/mar/09/lance-armstrong-cycling-doping-scandal.

35 Richard Windsor, “Chris Froome Officially Crowned 2011 Vuelta a España Winner as Juan José Cobo Ban Confirmed,” Cycling Weekly, July 18, 2019, https://www.cyclingweekly.com/news/racing/vuelta-a-espana/chris-froome-officially-crowned-2011-vuelta-espana-winner-juan-jose-cobo-suspension-confirmed-431647.

36 Kukathas, Hayek and Modern Liberalism, chap. 1.

37 Gray, Hayek on Liberty, chaps. 1, 6.

38 See Hamowy, “Hayek’s Concept of Freedom”; Andrew Gamble, “Hayek and Liberty,” Critical Review: A Journal of Politics and Society 25, nos. 3–4 (2013): 342–63.

39 Boettke, F. A. Hayek.

40 Horwitz, Hayek’s Modern Family, chap. 1.

41 See, e.g., Johnston, David, “Hayek’s Attack on Social Justice,” Critical Review: A Journal of Politics and Society 11, no. 1 (1997): 81100 CrossRefGoogle Scholar; Lukes, Steven, “Social Justice: The Hayekian Challenge,” Critical Review: A Journal of Politics and Society 11, no. 1 (1997): 6580 CrossRefGoogle Scholar.

42 See Andrew Lister, “The ‘Mirage’ of Social Justice: Hayek Against (and for) Rawls,” Critical Review: A Journal of Politics and Society 25, nos. 3–4 (2013): 409–44; Levy, Jacob T., “Social Injustice and Spontaneous Orders,” The Independent Review 24, no. 1 (2019): 4962 Google Scholar. Also see Johnston, “Hayek’s Attack on Social Justice,” on the market producing oppression.

43 See Tebble, Adam James, “Hayek and Social Justice: A Critique,” Critical Review of International Social and Political Philosophy 12, no. 4 (2009): 581604 CrossRefGoogle Scholar; Levy, “Social Injustice and Spontaneous Orders.”

44 Levy, “Social Injustice and Spontaneous Orders.”

45 Hayek, The Constitution of Liberty, 29.

46 Hayek, The Constitution of Liberty, 139–40.

47 Hayek, The Constitution of Liberty, 145.

48 Hayek, The Constitution of Liberty, 80.

49 Hayek, The Constitution of Liberty, 80.

50 For further discussion about constraints on private spheres, see Gamble, “Hayek and Liberty.”

51 Hayek, The Constitution of Liberty, 139.

52 Storr, Virgil Henry, Haeffele-Balch, Stefanie, and Grube, Laura E., Community Revival in the Wake of Disaster: Lessons in Local Entrepreneurship (New York: Palgrave Macmillan, 2015)CrossRefGoogle Scholar.

53 Higgs, Robert, Crisis and Leviathan: Critical Episodes in the Growth of American Government, 25th Anniversary Edition (Oakland, CA: The Independent Institute, 2013)Google Scholar.

54 Coyne, Christopher J. and Hall, Abigail R., Tyranny Comes Home: The Domestic Fate of U.S. Militarism (Stanford, CA: Stanford University Press, 2018).CrossRefGoogle Scholar

55 Hayek, The Constitution of Liberty, 77.

56 Hayek, The Constitution of Liberty, 77.

57 Hayek, The Constitution of Liberty, 77.

58 Hayek, The Constitution of Liberty, 77.

59 At which time the U.S. Supreme Court deemed the death penalty for minors to be a form of cruel and unusual punishment. See Roper v. Simmons 543 U.S. 551 (2005).

60 Hayek, The Constitution of Liberty, 78.

61 Hayek, The Constitution of Liberty, 78.

62 Mill, John Stuart, On Liberty and Other Writings, ed. Collini, Stefan (New York: Cambridge University Press, 1989), 13.Google Scholar

63 Buchanan, James M., “Positive Economics, Welfare Economics, and Political Economy,” in The Collected Works of James M. Buchanan, Volume 1: The Logical Foundations of Constitutional Liberty (Indianapolis, IN: Liberty Fund, 1999), 204 Google Scholar.

64 Buchanan, “Positive Economics, Welfare Economics, and Political Economy,” 204.

65 Stefanie Haeffele and Virgil Henry Storr, “Unreasonableness and Heterogeneity in Buchanan’s Constitutional Project,” in Buchanan’s Tensions: Reexamining the Political Economy and Philosophy of James M. Buchanan, ed. Peter J. Boettke and Solomon Stein (Arlington, VA: Mercatus Center at George Mason University, 2018), chap. 5.

66 Hayek, The Constitution of Liberty, 31 (emphasis added).

67 Haeffele and Storr, “Unreasonableness and Heterogeneity in Buchanan’s Constitutional Project.” For a useful discussion of this, see Gaus, Gerald, The Tyranny of the Ideal: Justice in a Diverse Society (Princeton, NJ: Princeton University Press, 2016)Google Scholar.

68 Haeffele and Storr, “Unreasonableness and Heterogeneity in Buchanan’s Constitutional Project,” 112.

69 Haeffele and Storr, “Unreasonableness and Heterogeneity in Buchanan’s Constitutional Project,” 112.

70 Southern Poverty Law Center, Costly and Cruel: How Misuse of the Baker Act Harms 37,000 Florida Children Each Year (Montgomery, AL: Southern Poverty Law Center, 2021), https://www.splcenter.org/sites/default/files/com_special_report_baker_act_costly_and_cruel.pdf.

71 Andrew Marra, “Palm Beach County Schools Sued over Their Use of Baker Act to Send Kids to Psych Wards,” The Palm Beach Post, June 22, 2021, https://www.palmbeachpost.com/story/news/education/2021/06/22/palm-beach-county-schools-sued-over-use-baker-act/5307178001/.

72 Haeffele and Storr, “Unreasonableness and Heterogeneity in Buchanan’s Constitutional Project,” 114.

73 Haeffele, Stefanie and Storr, Virgil Henry, “Is Social Justice a Mirage?The Independent Review 24, no. 1 (2019): 145–54Google Scholar.

74 Haeffele and Storr, “Is Social Justice a Mirage?” 151.

75 Whyte, Jessica, “Hayek’s Submissive Subjects: Response to Son,” Political Theory 47, no. 2 (2019): 194202 CrossRefGoogle Scholar.

76 Whyte, “Hayek’s Submissive Subjects,” 200.

77 We thank a reviewer for raising this point.

78 Schmidtz, Elements of Justice, 117.

79 Schmidtz, Elements of Justice, 117.

80 Commonly known as “Tiger-proofing” to make it more difficult for Tiger Woods to dominate his competition.

81 Haeffele and Storr, “Is Social Justice a Mirage?”

82 Coyne, Christopher J., Doing Bad by Doing Good: Why Humanitarian Action Fails (Stanford, CA: Stanford University Press, 2013)Google Scholar.

83 See Wagner, Richard E., Politics as a Peculiar Business: Insights from a Theory of Entangled Political Economy (Cheltenham, UK: Edward Elgar Publishing, 2016)CrossRefGoogle Scholar; Holcombe, Randall G., Political Capitalism: How Economic and Political Power Is Made and Maintained (Cambridge, UK: Cambridge University Press, 2018)CrossRefGoogle Scholar.

84 Hayek, The Constitution of Liberty, 23.

85 Peart and Levy, The “Vanity of the Philosopher.”

86 United States of America, Declaration of Independence (Washington, DC: U.S. National Archives and Records Administration, 1776), https://www.archives.gov/founding-docs/declaration-transcript.

87 Singer, Peter, Practical Ethics, 3rd ed. (New York: Cambridge University Press, 2011).CrossRefGoogle Scholar

88 Levitas, Ruth, “Beyond Bourgeois Right: Freedom, Equality, and Utopia in Marx and Morris,” The European Legacy 9, no. 5 (2004): 605–18CrossRefGoogle Scholar.

89 William Morris, “Socialism and Anarchism,” Marxists Internet Archive, 1889, https://www.marxists.org/archive/morris/works/1889/sa/sa.htm.

90 William Morris, “Communism,” Marxists Internet Archive, 1893, https://www.marxists.org/archive/morris/works/1893/commune.htm.

91 Karl Marx and Friedrich Engels, Manifesto of the Communist Party, Marxists Internet Archive, 1848, 27, https://www.marxists.org/archive/marx/works/download/pdf/Manifesto.pdf.

92 Marx and Engels, Manifesto of the Communist Party, 46.

93 See Miller, “Too Much Inequality.”

94 Hayek, Friedrich A., The Road to Serfdom: Text and Documents: The Definitive Edition, ed. Caldwell, Bruce (Chicago, IL: University of Chicago Press, 2007), 46 CrossRefGoogle Scholar.

95 Boettke, Peter J., The Struggle for a Better World (Arlington, VA: Mercatus Center at George Mason University, 2020), 5Google Scholar (emphasis in original).

96 See Tebble, “Hayek and Social Justice”; Tomasi, John, Free Market Fairness (Princeton, NJ: Princeton University Press, 2012)CrossRefGoogle Scholar; Haeffele and Storr, “Is Social Justice a Mirage?”