1989/03/01 by D. N. MacCormick · 2 citations
Social Sciences · #Judicial and Constitutional Studies
paper · doi:10.1111/j.1467-9337.1989.tb00025.x
openalex publication_date 1989/03/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21
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.