Answers are grounded in this paper and cite their sources.
This investigation seeks to verify the possibility of presenting the counterpoint enhanced by Hayek as a strong version of the so-called discontinuity thesis. In order to answer this question, one of his main works was visited: ‘Volume I of Law, Legislation and Liberty’, exploring his discursive discontinuity thesis in Law, based from his concept of Nomos and Thesis, where he sustains a theoretical model that suggests a spontaneous social order from the process of evolution of society, in which he places the judge as sufficient to make and apply laws, to the detriment of the principle of separation of the powers, insofar as he defends what he calls the transfer of powers.
No takes yet. Share an insight, caveat, or question.
Antonio Sólon Rudá (2024) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: