Only individuals can know local circumstances, so the state must only set general rules
Evidence
The state should confine itself to establishing rules applying to general types of situations, and should allow the individuals freedom in everything which depends on the circumstances of time and place, because only the individuals concerned in each instance can fully know these circumstances and adapt their actions to them. If the individuals are to be able to use their knowledge effectively in making plans, they must be able to predict actions of the state which may affect these plans. — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin, 385
Categorization
- DEFINE: Captures the core Hayekian knowledge argument for the rule of law — general rules rather than discretionary state action because local knowledge is dispersed.
- XREF: This is the theoretical core later operationalized in ordoliberal constitutional rules and the MPS’s rule-of-law agenda. — connects to: Common law judges may only decide the case before them — Burton, Steven J, An Introduction to Law and Legal…, 227
- corroborated: 2 independent passages support this claim — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin: The Making…, 385
Broader Connections
- Common law judges may only decide the case before them
#expands(0.75) — Burton, Steven J, An Introduction to Law and Legal…, 227