Professor Hayek's history is not history. Especially before the nineteenth century, but quite plentifully since the sixteenth century, legislation ha… - Herman Finer

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Professor Hayek's history is not history. Especially before the nineteenth century, but quite plentifully since the sixteenth century, legislation has more and more replaced the growth of custom as the regulator of morals in society in every sphere. Let Professor Hayek read the history of the English Poor Law, for example, from 1535 onwards. Hayek should remember that even the status of the Churches was and is in both the United States and Great Britain regulated by statute or constitution. In every field of individual and social life legislation embodies morals : marriage, divorce, duty to family, religion, property, theft, libel, slander, contract, business — the list is never-ending. This legislation does not come out of the blue, produced without careful reflection and weighing of choices. Hayek must know that.