ON THE ROAD AGAIN - HAYEK AND THE RULE OF LAW

In his political writings, F. A. Hayek faces a classic liberal dilemma : he opposes coercion but recognizes that sometimes the state can help to minimize it. Hayek attempts to resolve the dilemma of the limits o f state power by offering a definition of the rule of law that does no t depend on a controversial conception of rights. However, his effort to formalize the rule of law fails. Not only does Hayek implicitly rel y on an undefended theory of rights, but his rule-of-law scheme is lim ited to the elaboration of general principles of good government, negl ecting the need for reforms aimed directly at the political processes that result in the controversial forms of coercion he deplores.