Paper's abstract

Corentin De Salle, End of History and Legitimacy of Law in the Work of F.A. von Hayek
The evolutionary theory of F.A. von Hayek intends offering at the same time an explanation of the creation of rules (legal or other) of society and a justification of the latter legitimacy. Contrary to what many authors claim, the aimed at theory answers remarkably well the first task, subtly avoiding the respective pitfalls of determinism and historicism. However it fail in the second task. According to Hayek, the selection process cannot rest on any transcendental principle but the rules produced seem to end in the crystallization of some principles inherent in liberalism and democracy, which principles may no longer be changed. One must then admit that the consequence, not wished for and even not recognized, of this theory amounts to say that these principles constitute the culminating point of an evolutionary logic. In the legal field, the history of the West would then have reached one end: at the principle level, the normative system could not progress anymore. Only the wording of these inviolable principles - via new rules - could be indefinitely revised following the modifications (scientific, technical, political, social or other) affecting our society.

Key Words : Hayek, evolutionism
t. 47, 2003 : p. 149-187

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