Publication Details

Abstract

This study delves into Hayek’s treatment of liability-responsibility. Although Hayek does not systematically classify concepts of responsibility, his observations align closely with Hart’s typology, which includes liability-responsibility. This type is invoked when the violation of established norms is associated with a specific sanction. Among the types distinguished by Hart, liability-responsibility is most extensively discussed in Hayek’s works, justifying its exclusive examination. This focus also relates directly to fundamental themes in Hayek’s thought. The paper examines how Hayek perceives liability-responsibility in legal and moral dimensions, emphasizes the importance of the rule of law as a guarantee of individual freedom, and explores the role of informal social mechanisms in safeguarding moral traditions to minimize the need for coercion.