Legal positivism and property rights: a critique of Hayek and Peczenik
AbstractScholars such as Friedrich Hayek and Aleksander Peczenik have criticized legal positivism for undermining constitutionalism and the rule of law, an implication of which is weakened private property rights. This conclusion is far from evident. First, I contend that legal positivism is compatible with a strong support for property rights. Second, the causal relationship between legal positivism and the degree to which property rights are applied and protected is analyzed. The main arguments for a negative relationship—that legal positivism centralizes and politicizes legislation and that it makes the legal culture servile in relation to the political sphere—are considered unconvincing. Copyright Springer Science+Business Media, LLC 2006
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Springer in its journal Constitutional Political Economy.
Volume (Year): 17 (2006)
Issue (Month): 3 (September)
Contact details of provider:
Web page: http://www.springerlink.com/link.asp?id=102866
Legal positivism; Property rights; Constitutionalism; Hayek; Hart; K11; O17; P14; P48;
Find related papers by JEL classification:
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- O17 - Economic Development, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
- P14 - Economic Systems - - Capitalist Systems - - - Property Rights
- P48 - Economic Systems - - Other Economic Systems - - - Political Economy; Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Edward L. Glaeser & Andrei Shleifer, 2001.
Harvard Institute of Economic Research Working Papers
1920, Harvard - Institute of Economic Research.
- Christian Schubert, 2004. "Hayek and the Evolution of Designed Institutions: a Critical Assessment," Papers on Economics and Evolution 2004-11, Max Planck Institute of Economics, Evolutionary Economics Group.
- Viktor Vanberg, 1999. "Markets and Regulation: On the Contrast Between Free-Market Liberalism and Constitutional Liberalism," Constitutional Political Economy, Springer, vol. 10(3), pages 219-243, October.
- Brennan,Geoffrey & Buchanan,James M., 2008. "The Reason of Rules," Cambridge Books, Cambridge University Press, number 9780521070904, December.
- Berggren, Niclas, 2003. "Does Belief in Ethical Subjectivism Pose a Challenge to Classical Liberalism?," Ratio Working Papers 27, The Ratio Institute.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Guenther Eichhorn) or (Christopher F. Baum).
If references are entirely missing, you can add them using this form.