Friedrich von Hayek and Robert Bork Part III (U1051) - Full Video

Robert Bork, Professor of Law, Yale University and Friedrich A. Hayek, Ph.D. Economics. U.S. Supreme Court nominee Robert Bork and Nobel Prize winner Friedrich A. Hayek continue their discussion on the economic theories developed in Hayek's book Law, Legislation and Liberty. ©1978 / 32 min.
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Part of the reason why they can't agree on how law (in Hayek's sense) is to be applied by a court like the Supreme Court comes from the fact that the interviewer is thinking within a Common Law conceptual framework, where judicial decision is fundamentally different from the kind of legal frame work Hayek is thinking of, which is Civil Law, which is the kind they use in continental Europe. Hayek said himself, he was not very familiar with Common Law, so he is thinking of a Code (that operates according to his principles) which ought to dictate the judges what to do, preventing them from arbitrary judicial activism, the interviewer doesn't understand this, because judges in the United States have more discretionary power than judges in a Civil Law system.