RAIMONDO CUBEDDU 

Friedrich A. von Hayek e Bruno Leoni

N. 163

Summary — Through examination of the works, this essay aims to analize the affinities between Hayek and Leoni regarding the issues of the Rule of Law, the conception of liberalism, the critique of Kelsen’s philosophy of law and the theory of legislative production of law. A twofold conclusion is drawn: on the one hand, that after 1950 the Austrian School’s philosophy of social science exerted considerable influence over Leoni; and on the other, that Leoni's extension of the methodology elaborated by the Austrian School to cover the field of law as well can be seen as foreshadowing the Hayekian theory of law, and as an undeniable enrichement of the Austrian School’s reflections. Considerable attention is also devoted to the contribution made by Leoni to the revival and rebirth of the liberal tradition through a critique of the foundedness of the distinction between liberalism and liberism. The essay concludes by pointing out the practical implications of the philosophy of social science proposed by Hayek and Leoni. The paper as a whole illustrates how they contributed to overcoming the crisis of democratic-liberal theory in that they laid the premises for a social philosophy that would be fully aware of the theoretical inconsistency and the practical failure of any attempt to require the state to perform the task of imposing order. These considerations also lead to a through rethinking of the capacity of the state to act as a guide concerning the field of economics and of legislation.