From dialogue rights to property rights: Foundations for Hayek's legal theory

Critical Review 4 (1-2):106-132 (1990)
Hayek's philosophy of law has Kantian features, but he offers indirect utilitarian arguments for them. Hayek's argument might be strengthened by considering that the utilitarian has an interest in issues of truth and falsity and thus in the individual as the bearer of critical judgments. Individuals might thus be accorded?dialogue rights?; upon a episte?mological basis, an idea which is further strengthened by the consideration that dialogue may be extended to the appraisal of the validity of utilitarianism. Moreover, such dialogue rights should be interpreted in large part as property rights
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DOI 10.1080/08913819008459596
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Karl Popper (1987). Toleration and Intellectual Responsibility. In Susan Mendus & David Edwards (eds.), On Toleration. Oxford University Press 17--34.

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