Abstract

This dissertation focuses on the relationship between law and social order in the writings of Lon L. Fuller and F. A. Hayek. ;This work is divided into two parts. The first part centers around Fuller. In this part I examine what Fuller calls "forms of social order," and the bearing they have on his theory of law. In the midst of this analysis I demonstrate that Fuller's famous doctrine of the internal morality of law is not a morality of law per se, but rather a morality of legislation. Also in this part, I present, what is to the best of my knowledge, the first analysis of Fuller's theory of freedom, and its role in this theory of social order. ;The second part of this dissertation is on Hayek. Here the close-knit relationship between Hayek's epistemology, his analysis of spontaneous order, and his theory of law is examined. One important finding in this part is that Hayek's theory of law underwent a significant evolution in the fifty years he has been writing on the subject. Indeed his jurisprudential work can be divided into three periods corresponding to his three politico-legal works, The Road to Serfdom, The Constitution of Liberty, and Law, Legislation and Liberty