Hayek and Human Rights: Foundations for a Minimalist Approach to Law

Why are discussions of human rights largely absent from Hayek's writings? Focusing primarily on Hayek's writings in law and politics, the author examines the building blocks of Hayek's legal theorizing - the notions of coercion, the Rule of Law ideal, justice, negative duties, and liberal as opposed to majoritarian constitutionalism - arguing that each element of Hayek's writing contributes to his overall perspective on human rights. The author concludes by summarizing the relationship betw...