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Murray N. Rothbard vs. the Philosophers - Ludwig von Mises Institute

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LAW AND NATURE IN THE WORK OF MURRAY N. ROTHBARD 25<br />

false dichotomy that, by considering anything driven by a conscious<br />

plan as artificial and anything with instinctive characteristics<br />

as natural, brings us inevitably to a rationalist constructivism.<br />

This is why Hayek deplores <strong>the</strong> fact that <strong>the</strong> early<br />

signs of an evolutionist model to explain society have been<br />

abandoned in favor of a different conception of natural law<br />

understood as rationalist law, a law according to reason. 42<br />

42 The term rationalism indicates an attitude of unshakeable faith<br />

in <strong>the</strong> creative capacities of human reason in <strong>the</strong> field of social and<br />

political institutions. This attitude leads to <strong>the</strong> belief that any institution<br />

and any order are <strong>the</strong> result of an intended and conscious<br />

plan, in <strong>the</strong> belief that reason can control and plan everything that<br />

man does. Hayek writes that “human institutions are made by man.<br />

Though in a sense man-made, i.e., entirely <strong>the</strong> result of human<br />

actions, <strong>the</strong>y may yet not be designed, not be <strong>the</strong> intended product<br />

of <strong>the</strong>se actions.” Constructivism consists in “<strong>the</strong> belief that since all<br />

‘institutions’ have been made by man, we must have complete power<br />

to refashion <strong>the</strong>m in any way we desire.” See F.A. Hayek, The<br />

Counter-Revolution of Science: Studies in <strong>the</strong> Abuse of Reason<br />

(Glencoe, Ill.: The Free Press, 1952). The “spontaneous order”<br />

school of thought maintains that a large part of human institutions<br />

did not necessarily derive from a mind that planned and directed<br />

<strong>the</strong>m, i.e., institutions, law, and customs are <strong>the</strong> result of human<br />

action but not <strong>the</strong> result of a human plan; ra<strong>the</strong>r, <strong>the</strong>y are <strong>the</strong> consequences<br />

of spontaneous collaboration among individuals. This is<br />

<strong>the</strong> great <strong>the</strong>me found in Bernard de Mandeville, David Hume, Adam<br />

Ferguson, Adam Smith, and Edmund Burke, right up to <strong>the</strong> main<br />

exponents of <strong>the</strong> Austrian School of economics, Menger, <strong>Mises</strong>, and<br />

Hayek. It was in fact Hayek who, on <strong>the</strong> basis of a different attitude<br />

to constructivist rationalism, introduced <strong>the</strong> categories of true and<br />

false individualism into <strong>the</strong> history of liberal thought. True individualism<br />

highlights <strong>the</strong> limits and <strong>the</strong> fallibility of human reason, while<br />

false individualism holds that reason is able to plan everything and<br />

leads to <strong>the</strong> claim of infallible social engineering. See F.A. Hayek’s<br />

“Individualism: True and False” in Individualism and Economic<br />

Order (London: Routledge and Kegan Paul, 1949). Awareness of <strong>the</strong><br />

limits to reason and to all that rationality could intentionally achieve<br />

in <strong>the</strong> field of political and social institutions, and thus <strong>the</strong> impossibility<br />

of a totally rational way of acting in <strong>the</strong> Cartesian sense,<br />

derives from <strong>the</strong> inevitable limitations of our knowledge. In o<strong>the</strong>r<br />

words, it would not be possible to have total knowledge of all <strong>the</strong> relevant<br />

facts regarding social structure and human activities. As Hayek

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