Spontaneous Order and the Rule of Law: Some Problems

Abstract. Two conservative theorists, F. A. Hayek and Michael Oakeshott, have advanced theories of law with important and plausible central theses focusing on the rule of law. The author argues, however, that in each case the theorist - or at least some of his followers on the contemporary British and American political scene - have wrongly inferred strong conclusions from these theories which are inimical to the welfare state. In conclusion, the author points to possible ways of reconciling rule of law to social justice.