Professional Documents
Culture Documents
1993
M a n f r e d E. Streit**
The paper focuses on central elements of the scientific work of Fdedrich A. v. Hayek
since the 1930s. In a first part, his epistemological position and its implications for his
understanding of the tasks of the social sciences are presented as he set them out
particularly in the Sensory Order 0952). Then, it is shown how his findings in economic
theory as well as in the analysis of economic and societal systems are formed by these
foundations. His emphasis on the subjectivity and the constitutional limitations of human
knowledge is identified as a precondition for the outstanding analytical insights which
he gained with regard to the functioning of a market order and the role of institutions
in societal development. Furthermore. it is argued that Hayek's enduring campaign for
freedom and against the socialist tendencies in welfare states was not simply a matter
of personal conviction. It was also the result of his analysis in constitutional political
economy which revealed to him that freedom as a normative basis of economic and
societal institutions is the key to the explanation of European cultural evolution.
Introduction
F r i e d r i c h A u g u s t v o n H a y e k d i e d M a r c h 23, 1992 o n l y a f e w w e e k s
b e f o r e his n i n e t y - t h i r d b i r t h d a y . T o p a y t h e a p p r o p r i a t e t r i b u t e to the
scientific w o r k o f this o u t s t a n d i n g s c h o l a r is a t a s k that r e q u i r e s t h e
efforts of many. This appears necessary, not only because of the wide
r a n g e o f scientific t o p i c s that he c o v e r e d o v e r m o r e t h a n s e v e n d e c a d e s
o f s t u d y b u t a l s o b e c a u s e o f t h e o r i g i n a l i t y o f his findings w h i c h c h a n g e d
t h e f o u n d a t i o n s o f s o m e d i s c i p l i n e s to a n e x t e n t t h a t is still not fully
acknowledged.
223
CONSTITUTIONAL POLITICAL ECONOMY
I. Epistemological Foundations
Hayek's theoretical understanding, his image of man, and--closely
related to it--his normative position are rooted in a physiologically
derived epistemological basis, the foundation of which he worked out
during the 1920s. It was further developed in the time thereafter and
finally published in 1952 as The Sensory Order. ~ The results, some of
which are outlined here, played a key-role in the development of his
approach to the social sciences, especially to economics. Most of these
results may no longer be surprising to those engaged in the philosophy
of science. This, however, hardly holds true with regard to the episte-
mological positions which still dominate mainstream economics.
1. Perception as a Formation of Theories
The first result deals with human perception. To Hayek perception
is formed by the relationships between (!) the physical order of the
1 This appears to correspond to his own view. Hayek (1979: 199, n. 26) later mentioned
that social scientists found this book uninteresting or indigestible. For him, however, it
was a great help in developing his conception of evolution and of a spontaneous order and
to analyze methods and limits of our endeavors, in order to explain complex phenomena.
224
COGNITION, COMPETITION, AND CATALLAXY
external world, (2) man's own neurosensory order, and (3) the mental
or phenomenal order of sensations and other mental qualities (Hayek
[1952] 1976: 39). Hayek's central proposition was that no isomorphism
can exist between the first and the other orders. The third form of order
had, in fact, a heuristic function because it helped to make statements
about mental processes. By introducing this order Hayek tried to avoid,
on the one hand, postulating that the act of thinking required a distinct
mind in the sense of "'substance", implying a kind of "materialistic"
theory (ibid.: 177). On the other hand, he tried to take into account
that "we cannot directly observe how this order is formed by its physical
elements, but can only infer it" (ibid.: 178).
He proposed that perception is the result of a kind of"classification"
and thereby a formation of relationships between sensory impressions.
But classification becomes possible only when an appropriate classifi-
cation scheme already exists. This may be illustrated by an example
H a y e k (ibid.: 186) used: A machine which should classify objects
according to their lengths must be able to distinguish between different
lengths. Every object has only one length, whereas the machine requires
a scheme to classify all objects. Hence the apparatus of classification
must be of a higher degree of complexity than is possessed by the
objects that it classifies. In the same way, classification as a mental
process must be based on a scheme which is more complex than the
attributes of the selected parts of the external world, according to which
a mental act is performed. Consequently, perception always represents
an interpretation. It is an attempt to assign selective sensory impres-
sions to one or more classes of a classifying system that has been
previously developed. Furthermore, this means that the attributes
which we assign to parts of our perceived external world are not attri-
butes of the parts themselves but are relationships, which we define
through classification. Hayek presumed that he was in accordance with
Popper (and so with Kant) in stating that everything we know about
our external world is to be considered mere theory (ibid.: 143). The
only thing in which a confrontation with the external world can result
is an alteration of these theories. At the same time, this means that
our whole perception is "abstract" and that a differentiation from
"concrete" does not make sense in this context.
2. Subjectivity of Knowledge
The second result, related to the nature of perception, concerns the
condition of knowledge. If perception and interpretation are identical
225
CONSTITUTIONAL POLITICAL ECONOMY
and abstract, which means that they are not an exact reproduction of
reality, the brain performs continuously a reduction in the complexity
of reality. Neither all of the attributes of parts of the external world
(to which our own body with its perceived functions belongs also) nor
the real attributes and their interactions are registered. Only certain
"aspects", which represent presumed relationships to other objects
resulting from an earlier classification, are registered (ibid.). Earlier
neurosensory "experiences", as well as the knowledge stored in models
or "Gestalt"-attributes are starting points for further perceptions and
for possible adjustments through reclassification. Complexity reduction
of the external world and reclassification contain a substantial amount
of creativity and thereby a high degree of unforseeability. They provide
for an evolutionary and selective perception, permitting an adjustment
to the external world and its permanent changes.
In this context, Hayek (ibid.: 144) contrasts current perceptions with
"memory images." The current perceptions are always connected with
these images and thereby interpreted. In this way, current perceptions,
of whose partial or incomplete character we are usually little aware,
can be brought together and "filled in". At the same time, current
perceptions can also have the effect of complementing existing images. 2
This accounts for both the subjectivity and the evolutionary character
of our knowledge.
3. Acquisition of Knowledge, Self-reference, and Self-explication
The third result deals with the properties of the classification process
leading to an acquisition of knowledge, and with what can be conjec-
tured from this, regarding human cognitive possibilities. On the physical
level Hayek traced the process back to complex interactions between
neurons. Every individual develops a sensory system as a result of
differing sensitivity of fields of neurons to various stimuli that are
characteristic for that person's history. It partly builds on innate "link-
ages", reflecting a kind of pre-sensory experience of the human race
2 This mental process, described by Hayek, has much in common with the one lucidly
sketched and skillfully applied by Bouiding in his Image ([1956] 1977). Considering
Hayek's hypotheses about the structure and the functioning of the brain, there exists at
least a resemblance to some basic propositions made by the evolutionary theory of
cognition developed by Maturana, Varela, von Glasersfeld, von Foerster and others, a
line of research which began around 1970. They also stress that the human brain is a
closed system which leads to self-reference and limits self-explanation.
226
COGNITION. COMPETITION, AND CATALLAXY
3 Hayek agreed with Hume and Kant that the human brain is not completelyexplain-
able by itself. Yet, with regard to the ability of causal thinking he differs from both of
them. In the terms of a metaphor used by Hume and Kant, Hayek made an attempt to
tow the Humean ship of scepsis from the sand bank, where it was found by Kant who
wanted to leave it there to rot (Kant [178311911: 262). But Hayek did not confide in a
mate who follows the principle of a-priori. Instead, he wanted to replace metaphysics
with neurophysiology.
227
CONSTITUTIONALPOLITICALECONOMY
228
COGNITION, COMPETITION, AND CATALLAXY
229
CONSTITUTIONAL POLITICAL ECONOMY
more similar others are to us when dealing with each other and physical
objects in a purpose-oriented way, the more successful these "anthro-
pomorphic" approaches are. a
An important implication is that there are no "objective" social facts.
Definitions of objects and actions are based on opinions or intentions
of those who act. This subjectivity as well as its reference to culture
were illustrated by Hayek with many examples, ranging from objects
which are used as money in different cultures to customs and the use
of mimic and language as means of communication. Already from this
perspective, the task of the social sciences cannot be to "explain" the
actions of others because empirically, we can only test how much
their actions correspond with our own thinking. And even then, a
correspondence of thinking can not be reliably discerned. This does
not rule out that we, as economists, engage in activities dealing with
the logic of choice as a conscious mental process. Yet, with the derived
results actions are not predictable. In this way, merely possibilities of
conscious actions can be explored. But it cannot be the objective of
the social sciences, including economics, to explain conscious human
action. This task, Hayek ([1952] 1964: 39) agreed with Robbins, should
be left to psychology.
What is left for the social sciences to explain? Obviously nothing
which goes beyond the mere application of logic if it would hold that
all observable structures of interaction are attributable to conscious
designs of order. Consequently Hayek stated, "It is only in so far as
some sort of order arises as a result of individual action but without
being designed by any individual that a problem is raised which requires
theoretical explanation" (ibid.). His contention was that the spontane-
ous order of human interaction as the object of inquiry of the social
sciences generally does not allow an analytical procedure, similar to
the one appropriate in parts of the natural sciences. Hayek tried to
illustrate this by restructuring a problem of explanation taken from the
natural sciences in a way appropriate to the social sciences. In his
example, a physicist would have the task to explain the interaction of
atoms. But he would merely be allowed to examine the inner parts
of the atoms and this only within the possibilities of his analytical
230
COGNITION, COMPETITION, AND CATALLAXY
231
CONSTITUTIONAL POLITICAL ECONOMY
5 Cf. Rothbard (1976: 73f.) who used an elaboration on the concept of opportunity
costs by Buchanan, which illustrates its subjectivist character very well.
6 He argued (1933: 246f.): "Capitalist Society, with its deviations from equilibrium
due to inequalities in individual income, to competition, to monopoly, and to the mutual
ignorance of entrepreneurs' activities, is a very imperfect approximation to the economic
ideal. The beautiful systems of economic equilibrium described by Wieser, Marshall and
Cassel are not descriptions of society as it is but prophetic visions of a socialist economy
of the future."
232
COGNITION, COMPETITION, AND CATALLAXY
7 It belongs to the peculiarities of this debate that Lange ([1965] 1977),after his attempt
to solve the problem by introducing an as-if competition, considered it an essential
limitation of the market, "that it expresses the problem of economic accounting exclu-
sively in static categories, that is as an equilibrium problem" (ibid.: 326). Because of
this confusion of model and reality, he concluded that mathematical programming should
take care of the long term problems. The computer "fulfills the function, which the
market was never able to exercise" (ibid.: 327). It is surprising that a similar evaluation
of the computer has been made by Arrow when referring to the pre-war calculation
debate. And it is quite difficult to reconcile this line of reasoning with his growing
awareness of the significanceof the limits of knowledge: "Indeed, with the development
of mathematical programming and high-speed computers, the centralized alternative no
longer appears preposterous. After all, it would appear that one could mimicthe workings
of a decentralized system by an appropriately chosen centralized algorithm" ( Arrow
1974: 5).
233
CONSTITUTIONAL POLITICAL ECONOMY
234
COGNITION, COMPETITION, AND CATALLAXY
8 Nevertheless, Hayek did not always apply the equilibriumnotion in the same manner.
That is also true for his "tendency towards equilibrium" (cf. on this point Loy 1988:
96).
9 The criticism should be moderated by conceding that equilibrium theory does not
claim to show how a coordination of the individual plans is brought about, i.e. it clearly
is not a market process theory. However, that does not fundamentally alter the basic
problem that neoclassical modelling always requires the existence of an equilibrium of
individual plans. Whether this equilibrium condition is explicitly formulated or whether
a model is set up first and then tested with regard to equilibriumproperties is of secondary
importance. The model clearly does not account for the division of knowledge regardless
of how formally demandingit is in other respects. The market process as a self-coordinat-
ing process (cf. part 11.4)that is based on limited subjective knowledge, becomes inacces-
sible in this conceptualization.
235
CONSTITUTIONAL POLITICAL ECONOMY
236
COGNITION, COMPETITION, AND CATALLAXY
11 Partial market analysis can be used to illustrate this point. Its explanatory and
predictive power grows with the scope and intensity of regulation imposed on these
markets. The more the behavioral possibilities of the participants are reduced to those
of strongly constrained economizers, the more the partial system can be handled as a
purely logical problem. Closure of the system means that the development of new possibil-
ities to trade becomes hampered. As a consequence it becomes more and more difficult
for the system to increase its complexity. Compared with an unregulated system, it is
forced into a stationary state, which facilitates further interventions. It is exactly this
shaping of a system that facilitates the successful application of an equilibrium-oriented
approach for analytical as well as for forecasting purposes.
237
CONSTITUTIONAL POLITICAL ECONOMY
thinking when applied in the social sciences, may be at the same time
one of the intellectual sources of tyranny in a socialist economy. Dickin-
son was well aware of this danger, as Hayek noted ([1940] 1948: chap.9,
203), and he tried to avoid it by propagating competitive socialism.
But, the tyranny became just as much historical reality as the economi-
cal failure of socialism, which proved to be what Hayek always pre-
sumed: a fundamental epistemological error.
12 This is a subtitle in one of the Ludwig von Mises lectures delivered by Hayek
([1978] 1983: 24).
13 The statement is taken from a textbook (Richter, Schlieper, Friedmann 1981: 97)
in which reservations about the results of macroeconomics are carefully set out. However
these reservations are watered down later on (ibid.: 98): "Aggregation is basically per-
formed according to the corresponding analytical question, which is a procedure applied
in general when constructing models. Hence aggregation is nothing special or possibly
disturbing for those who attempt to explain problems in the real world". Another German
textbook reads simply as follows: " T h e so-called aggregation problem in macroeconom-
ics is assumed either solved or considered as irrelevant; a satisfactory solution of this
problem can only be provided by a microeconomic total analysis (~ la Walras) which is
completely inoperational for a macroeconomist (Claassen 1980: 5).
238
COGNITION, COMPETITION, AND CATALLAXY
239
CONSTITUTIONAL POLITICAL ECONOMY
15 This distinction appears important and has been repeatedly made by Hayek. To
quote an example: " . . . it is rather an irony of fate that Keynes should have become
responsible for this swing to macro-theory, because he thought in fact rather little of the
kind of econometrics which was just then becoming popular, and I do not think that he
owes any stimulus to it" (Hayek [1966] 1978: 284).
16 They cannot be set out here. A collection of corresponding texts from various
publications of H a y e k , which is still worth reading, has been edited by S.R. Shenoy
(Hayek 1972).
17 Hayek saw a change of course in Keynes after his "Economic Consequences of
the Peace" (1919): " . . . h e began with the recognition that it was necessary to lower real
wages, came to the conclusion that this was politically impossible, and finally convinced
himself that it would be vain and even harmful" (Hayek [1976] 1978: 199).
240
COGNITION, COMPETITION, AND CATALLAXY
18 However, it appears necessary to point out that Hayek did not deny that mathemat-
ics can be a useful tool in economics. But he had reservations as to how it was used
(cf. [1978] 1983: 23): "They [the founders of mathematicaleconomics]understoodmuch
better than their successors that algebraic mathematical formulae are the pre-eminent
method for describingabstract patterns without assumingor possessing particular infor-
mation about the specific magnitudes involved. One great mathematician has indeed
described a mathematician as a maker of patterns. In this sense mathematics can be
very helpful to us."
19 This was noted by Hayek ([1952] 1967: 346, Appendix).
241
CONSTITUTIONAL POLITICAL ECONOMY
20 The basic elements were already formulated in " O r d e r of Law and Order of
Actions," (1967a) a contribution to a lecture series of his Freiburg faculty during the
winter term 1966/67 as well as in some other articles within this period. The period began
with his "Kinds of Order in Society" ([1963] 1964) and culminated in the first volume
of "Law, Legislation and Liberty" (1973).
242
COGNITION, COMPETITION, AND CATALLAXY
243
CONSTITUTIONAL POLITICAL ECONOMY
means that they must state constraints with regard to possible actions
under circumstances that are unknown in advance and that it is justified
to expect that these constraints will be respected. Hayek argued (ibid.:
216) that only such rules allow the development of a "Great" society,
"which did no longer presuppose that concrete common purposes are
pursued but rather allowed people not known to each other to pursue
diverging objectives and nevertheless take advantage of mutual use of
subjective knowledge."
Like others of Hayek's findings, this result has dramatic conse-
quences for economics. Welfare economics becomes questionable in
many respects. The constrained maximization of a welfare function
must fail not only due to unsolvable aggregation problems, but also
because of our constitutional ignorance. Furthermore, it sets a concrete
target for the economic process which no one pursues. Even if this
would merely be done for analytical reasons, namely to test the overall
expediency of market systems, the attempt would fail because, as was
already pointed out, efficiency judgements beyond the level of individ-
ual choice are meaningless due to the unsolvable knowledge problem.
According to Hayek, the methodological principle of institutional
neutrality of the analysis (e.g. Sohmen 1976: 439) proves to be untenable
in welfare economics as well as in traditional allocation theory. If
institutions are understood as rules, then it is their very information
content in the form of expectation-stabilizing constraints of possible
actions, that makes possible the development of the catallaxy and the
extended order of the "Great" society. Furthermore, it should not be
overlooked that observing rules that are often unconsciously learned
during the process of socialization has a liberating effect for all actors.
These rules reflect the experiences and knowledge of many.
One cannot separate the question about the institutions from "pure
theory," if one wants to explore which institutional arrangements would
lead to the deduced results (cf. again Sohmen 1976). As Hayek convinc-
ingly demonstrated, the spontaneous as well as the planned order
require very specific rule systems. In the first case, these rules promote
the agreement between equals, and in the second they are instructions of
a superior organizer.This distinction is similar to the difference between
to pretend to know more than there is to know. This, in turn, fits very well into Hayek's
optimistic interpretation of the evolution of common law, an optimism which may not
be generally acceptable.
244
COGNITION, COMPETITION, AND CATALLAXY
245
CONSTITUTIONAL POLITICAL ECONOMY
24 The first chapter of The Fatal Conceit (1988) is titled "Between Instinct and Rea-
son." There Hayek stressed once again that the customs and traditions which lie between
instinct and reason are the result of cultural evolution, a proposition which representatives
of constructive rationalism must consider with contempt.
246
COGNITION, COMPETITION, AND CATALLAXY
neither "natural" nor "artificial," but rather are the result of cultural
evolution. During the process of evolution, behavioral practices were
discovered that often broke from tradition but prevailed. The reason
for this was that the groups that followed the emerging rules prospered
better than others without knowing how far they owed this prosperity
to their compliance with such rules of conduct (Hayek, e.g. 1979: 159).
Hayek argued in the tradition of the Scottish moral philosophy that
civilizations in which freedom-oriented abstract rules of conduct could
prevail prospered because they favored the "process of adaptation and
learning" (Hayek 1960: 40) to a high degree. This focus on abstract
rules increased the chance both of arriving at new solutions for old
problems and of gaining the esteem of others for something completely
new through experimentation. The fact that everyone has limited
knowledge proved to be less hindering, the more societies trusted in
the independent and competitive efforts of many to stimulate the gener-
ation of " w h a t we shall want when we see it" (ibid.: 29). Hayek
attempted, by examining the development of the European civilization
(beginning with its Mediterranean roots), to test how "the expansion
of order into the unknown" (Hayek 1988: 38) is determined by the
development of the freedom-conforming rules of conduct including
private ownership (i.e., 1988: chap. 2, 3). 25
His historical findings were that freedom (also in intercultural com-
parison) proved to be expedient or successful in the sense that it secured
more than just the survival of a growing number of people. However,
how can the required compliance with the rules of proper conduct be
explained? This question is of particular interest in light of the fact that
recent work in institutional economics has made use of game theory
to model prisoner's dilemmas to show that the observance of rules
between strangers is a rather exceptional phenomenon from the per-
spective of purpose-rationality. Hayek presumed that freedom is never
possible without deep-rooted convictions that help to secure the obser-
vance of rules against opportunism (Hayek 1960: 62).26 Behind these
25 His results, partly obtained with the method of"conjectural history" (Hayek 1967b:
75; 1988: 69), correspond in some respects to explanations which Jones (1981) offered
for the European Miracle as well as to Rosenberg's and Birdzell's (1986) explanations
of How the West Grew Rich.
26 Therefore, Hayek (1970: 28, n.4) played with the idea of choosing Max Weber's
value-rationality as a category to be distinguished from purpose-rationality. However,
he found that the Weberian term of purpose-rationality was still too close to the term
purpose-rationality as it is used in economics and whose misuse he wanted to criticize.
247
CONSTITUTIONAL POLITICAL ECONOMY
27 It is last but not least religion which can help support compliance. Hayek (1988:
chap. 9) underlined his corresponding views with the following quotation from Adam
Smith (1759): "Religion, even in its crudest form, gave a sanction to the rules of morality
long before the age of artificial reasoning and philosophy."
28 Witt (1991) has provided a reflective survey of these still tentative, heterogeneous
efforts.
29 Cf. the epilogue in Hayek 1979 (153ff.) as well as Hayek 1967b, 1988 (esp. chap.1
and 8).
248
COGNITION, COMPETITION, AND CATALLAXY
249
CONSTITUTIONAL POLITICAL ECONOMY
34 Hayek (1979: 167) paraphrased this walk on the edge between a use of reason and
a pretense of knowledge as follows: " W e must build on tradition and can only tinker
with its products."
35 " I do not claim that the results of group selection of traditions are necessarily
" g o o d " - - a n y m o r e than I claim that other things that have long survived in the course
of evolution, such as cockroaches, have moral value" (Hayek 1988: 27).
250
COGNITION, COMPETITION, AND CATALLAXY
36 The formulation used to outline Hayek's thesis, refers to titles of essays (Hayek
1978a; 1975), to parts of a sub-title (Hayek 197: 3), and to a chapter title (Hayek 1960:
chap. 16). The references are at the same time pieces of work, in which Hayek explained
the corresponding elements of his thesis. In addition, the followingpublications, referring
to this problem, should be mentioned: Hayek 1976 (esp. chap. 9, I1) and 1988 (esp.
chap. 4--7).
37 This interpretation of Hayek's concept followsan understandingofjustice as devel-
oped by Adam Smith ([1759[1976: 167): "Mere justice is, upon most occasions, but a
negative virtue, and only hinders us from hurting our neighbor. The man who barely
abstains from violating either the person or the estate, or the reputation, of his neighbors,
has surely very little positive merit. He fulfills,however, all the rules of what is peculiarly
calledjustice, and does every thing which his equals can with propriety force him to do,
251
CONSTITUTIONAL POLITICAL ECONOMY
or which they can punish him for not doing." Contrary to this, distributive justice
corresponds to what he called "benevolence" or "beneficence" (ibid.: 436), whereby
"beneficence is always free, it cannot be extracted by force" (ibid.: 160).
38 As Hayek (1988: chap. 4) demonstrated through quotations from well known scien-
tists like Monod, Einstein, and Born, this kind of intellectual nalvet6 or even arrogance,
combined with a striking lack of knowledge in economics can be found with unusually
intelligent people. A thorough and impressive documentation of the rationalist hubris
can be found in Hayek ([1952] 1964, Part 2).
39 This leads to the following principle of individual action (Hayek (1958: 20f.): "If
people should use their knowledge and abilities, they should not allow themselves be
guided by what others think about the way they achieved their objective, but solely by
what others think about the expected results."
252
COGNITION, COMPETITION, AND CATALLAXY
40 The attempt to put a completely defined norm of distributive justice into practice
in an uncompromising way had for Hayek (1960: 100) a clear consequence: "'The principle
of distributive justice, once introduced, would not be fulfilled until the whole society
was organized in accordance with it. This would produce a kind of society which in all
essential respects would be the opposite of a free society--a society in which authority
decided what the individual was to do and how to do it."
41 That is also expressed in a frequently quoted definition of a social state by Zacher
(1977: 154). According to this definition, a social State is presumed to be a State. which
evaluates, secures and alters economic and economically conditioned circumstances
with the objective to guarantee everyone a worthy existence, and to remove or control
differences in the standard of living.
253
CONSTITUTIONAL POLITICAL ECONOMY
give the phrase a new concrete meaning whenever this appears desirable
to politicians and vested interests. The hope to realize politically defined
goals both exaggerates the ability to achieve concrete results and under-
states the likelihood of undesirable side-effects; these effects give rea-
son for further complaints about social injustice and provoke further
interventions. Finally, obliging the state to pursue the goal of social
justice does not take into account the conditions for political actions
in a democracy as we know it. Politicians, even if they had clear ideas
of social justice and despite their far-reaching authority, do not have the
autonomy to pursue these ideas "because they can maintain themselves
only by giving their supporters what they want" (Hayek 1979: 16).
The alarming consequence, which, for Hayek, resulted from the
political process, was the decline of the law of the catailaxy. The
abstract rules of private law, which help to secure its functioning,
become partly concrete as well as restricted in their scope through
public law. 42 This happens in order to manipulate the results of the
catallaxy in the interest of individuals and groups, who, by political
decision, are considered to have a need for particular protection and
social welfare.
Hayek (e.g., [1944] 1962: 89; 1976: 87) granted that there may be
convincing reasons to assure "outside of and supplementary to the
market system" a protection against severe deprivation in the form of
a guaranteed minimum income to all. Independent from the fact that
the modalities of such a protection require clarification, the experiences
with social security systems, shows that it would not remain a minimum,
due to the characteristic quality of the political decision making process.
Further, it is secured knowledge of the economic theory of politics that
social justice is one of the key-arguments that are instrumentalized in
the competition for political positions and power. With the help of the
42 It is particularly problematic but at the same time very convenient for political
actors, that the price, which must be paid for this kind of restrictions of freedom, can
be rarely specified clearly enough in advance: "Since the value of freedom rests on the
opportunities it provides for the unforeseen and unpredictable actions, we will rarely
know what we lose through a particular restriction of freedom. Any such restriction,
any coercion other than the enforcement of general rules, will aim at the achievement
of some foreseeable particular result, but what is prevented by it will usually not be
known. The direct effects of any interference with the market order will be near and
clearly visible in most cases, while the more indirect and remote effects will mostly be
unknown and will therefore be disregarded" (Hayek 1973:56 f.).
254
COGNITION, COMPETITION, AND CATALLAXY
43 Hayek stressed this purpose of his "ideal constitution," but also its possible proto-
type function for countries without strong constitutional traditions (Hayek 1979: 107).
255
CONSTITUTIONAL POLITICAL ECONOMY
IlL Epilogue
Reconsidering Hayek's rich scientific harvest, it is probably justified
to argue that he could not always penetrate in depth the many fields
of research in which he scored striking and often revolutionary results.
But in doing so, he opened up new avenues worth further exploration.
Major issues have already been identified when presenting his achieve-
ments. Hence they will be only briefly recalled without surveying the
present state of the art: (1) Hayek's adaptation of the principle of
falsification to complex phenomena by proposing the concept of pattern
prediction, appears to be of crucial importance to economics as an
empirical science, although it still begs many questions as to its opera-
tionality. (2) In his theory of cognition he convincingly stresses the
subjectivity and the limitations of knowledge. This makes a thorough
revision of the notion of rationality in economics unavoidable. (3) Com-
petition as a discovery procedure is more than a challenge to stationary
equilibrium theory. To turn it into a powerful theory of the market
process requires integrating coordination costs, i.e. those costs of infor-
mation that have to be incurred both when transacting and when setting
up and running organizations like firms. (4) Competition as a possible
and desirable outcome of the use of the freedom to act differs signifi-
cantly from the neoclassical understanding of competition which still
dominates antitrust policy. As a consequence it is necessary to assess
44 In such a state, the society and hence also the economy would be a private law
society in the sense of B6hm ([1966] 1989).
45 For a discussion c.f. Rupp (1979), Vanberg (1981), Nienhaus (1982), Hoppmann
(1987).
46 Cf. the attempt of Buchanan (1990), to outline the research program of "Constitu-
tional Economics" or "Constitutional Political Economy."
256
COGNITION, COMPETITION, AND CATALLAXY
anew the need for and the legislative and judiciary handling of such a
policy. (5) Evolution turned out to be very difficult to cope with in
market process theory and perhaps even more so with regard to institu-
tions to which Hayek's major evolutionary argument referred. But
since it is a basic feature of societal development, it can no longer be
abstracted from and may, if pursued, give a fresh impulse to historical
analyses in economics. (6) Hayek's focus on the phenomenon of order
in general and on the catallaxy in particular proves to be of crucial
importance in the present discussion of transformation of socialist sys-
tems. But much remains to be done with regard to the institutional
framework of the catallaxy, including a serious effort to cope with the
normativity of rules. (7) Hayek was one of the first who recognized
the danger of creeping socialism and of the constitutional problem of
democracy which it reflects. But the agenda of unsettled issues in
constitutional political economy is still growing despite of or just
because of the growing analytical efforts.
Hayek himself frequently said that he believed to have made one
discovery and two inventions in his lifetime. He considered his discov-
ery to be "the realization that the price system is a communication
system, that allows human beings to adjust to events and circumstances
which are unknown to them" (Hayek 1980: 38).
The discovery was--as shown--the result of his lifelong preoccupa-
tion with the problem of the limitations of human knowledge. In order
to make this discovery possible, he had to ask the unconventional
question of how people not only deal with their constitutional ignorance,
but also how they were able to outgrow the various kinds of limitations
of primitive societies. His preoccupation with this question also moti-
vated him strongly to admonish the destructive consequences of an
overestimation of human reason. With his findings, he ran into impru-
dence and opposition. His attempt to find answers to unconventional
questions made him a source for revolutionary developments in eco-
nomic theory. His warnings of a hubris of reason turned out to be fully
justified.
As his two inventions, he pointed at his proposition to break the
state monopoly of money supply in favor of competing moneys, and
to his "proposition for a reconstruction of democracy" (ibid.: 40), with
which the degeneration of the welfare state and a creeping socialism
could be avoided. The two inventions provide answers to questions
which firmly belong to constitutional political economy as a research
257
CONSTITUTIONAL POLITICAL ECONOMY
p r o g r a m . T h e y h a v e b e e n b o r n o u t o f H a y e k ' s d e e p c o n v i c t i o n that
freedom as the source of European civilization must and can be secured.
I n this f e a r a n d h o p e , he p r o b a b l y c o u l d h a v e , in r e t r o s p e c t , a g r e e d
w i t h a n a d v o c a t o r o f f r e e d o m w h o w a s a l s o h i g h l y e s t e e m e d b y him:
F o r myself, looking back now from the extreme end of my task and seeing
at a distance . . . . . I am full of fears and of hopes. I see great dangers
which may be warded off and mighty evils which may be avoided or kept
in check; and 1 am ever increasingly confirmed in my belief that for
democratic nations to be virtuous and prosperous, it is enough if they will
to be so (de Tocqueville [1840] 1968: 916).
REFERENCES
258
COGNITION, COMPETITION, AND CATALLAXY
Hayek, F. A. ([1940] 1948) "Socialist Calculation II1: The Competitive 'Solution'." In:
F. A. Hayek Individualism and Economic Order. 181-208. Chicago: University of
Chicago Press.
Hayek, F. A. ([1943] 1948) "The Facts of the Social Science." In: F. A. Hayek Individual-
ism and Economic Order. 57-76. Chicago: University of Chicago Press.
Hayek, F. A. ([1944] 1962) The Road to Serfdom. London: Routledge.
Hayek, F. A. ([1945] 1948) "The Use of Knowledge in Society." In: F. A. Hayek
Individualism and Economic Order. 77-91. Chicago: University of Chicago Press.
Hayek, F. A. ([1952] 1964) The Counter-Revolution of Science. Studies on the Abuse of
Reason. Glencoe: The Free Press.
Hayek, F. A. ([1952] 1967) "Harrod's Life of Keynes." In: F. A.Hayek Studies in
Philosophy, Politics and Economics. 344-348. London and Henley: Routledge.
Hayek, F. A. (119521 1976) The Sensory Order--An Inquiry into the Foundations of
Theoretical Psychology. New Print. London and Henley: Routledge.
Hayek, F. A. ([ 1952] 1979)Mi[3brauch und Verfall der Vernunft--Ein Fragment. Salzburg:
Neugebauer.
Hayek, F. A. ([1956] 1967) "The Road to Serfdom after Twelve Years." In: F. A.
Hayek Studies in Philosophy, Politics and Economics. 216-228. London and Henley:
Routledge.
Hayek, F. A. (1958) "Gleichheit, Wert und Verdienst." Ordo 10: 5-29.
Hayek, F. A. (1960) The Constitution of Liberty. London and Henley: Routledge.
Hayek, F. A. ([1963] 1967) "Rules, Perception and Intelligibility."In: F.A. Hayek Studies
in Philosophy, Politics and Economics. 43-65. London and Henley: Routledge.
Hayek, F .A. ([1963] 1964) "Kinds of Order in Society." The New Individualist Review
3.
Hayek, F. A. ([1964] 1967) "The Theory of Complex Phenomena." In: F. A. Hayek
Studies in Philosophy, Politics and Economies. 22-42. London and Henley: Routledge.
Hayek, F. A. ~1965) "Kinds of Rationalism." In: The Economic Studies Quarterly 15:
"2.
Hayek, F. A. ([1966] 1978) "Personal Recollections of Keynes and the 'Keynesian
Revolution'." In: F. A. Hayek New Studies in Philosophy, Politics, Economics and
the ttistory of Ideas. 283-289. London and Henley: Routledge.
Hayek, F. A. ([1967] 1978) "Dr. Bernard Mandeville." In: F. A. Hayek New Studies
in Philosophy, Politics, Economics and the History of Ideas. 249-266. London and
Henley: Routledge.
Hayek, F. A. (1967a)"Rechtsordnung und Handelnsordnung." In: E. Streissler (ed)Zur
Einheit der Rechts- und Staatswissenschaften. 195-230. Karlsruhe: Mfiller.
Hayek, F. A. (1967b) "'Notes on the Evolution of Systems of Rules of Conduct. The
Interplay between Rules of Individual Conduct and the Social Order of Actions." In:
F. A. Hayek Studies in Philosophy, Politics and Economics. 66-81. London and
Henley: Routledge.
Hayek, F. A. (1967c) "'The Results of Human Action but not of Human Design." In:
F. A. Hayek Studies in Philosophy, Politics and Economics. 96-105. London and
Henley: Routledge.
Hayek, F. A. ([1968] 1969) "Wettbewerb als Entdeckungsverfahren." In: F. A. Hayek
Freiburger Studien--Gesammelte Auf~iitze. 249-265. Tiibingen: Mohr (Siebeck).
259
CONSTITUTIONAL POLITICAL ECONOMY
260
COGNITION, COMPETITION, AND CATALLAXY
261
CONSTITUTIONAL POLITICAL ECONOMY
262