Unpublished Paper
Hayekian Statutory Interpretation: A Response to Professor Bhatia
(2015)
Abstract
In this Essay, I challenge Professor Gautam Bhatia’s recent claim that a Hayekian worldview offers the most rational framing of the philosophical vision underlying Justice Scalia’s jurisprudence. I argue that Hayek’s conception of law, more properly understood, emphasizes the context of social interaction patterns, rather than focusing exclusively on individual autonomous agents. I subsequently trace the resulting implications for interpretive methodology that flow from this distinction, and ultimately address the discontinuities between the normative visions of liberty espoused by Hayek and Scalia.
Keywords
- Hayek,
- Statutory Interpretation,
- Originalism,
- Scalia
Disciplines
Publication Date
September, 2015
Citation Information
John Ehrett. "Hayekian Statutory Interpretation: A Response to Professor Bhatia" (2015) Available at: http://works.bepress.com/jsehrett/6/