This chapter deals with two broad themes. The first is the account of the nature and scope of rights adopted by the neo‐liberal. Obviously, an account of the nature of rights has to be made compatible with the general nomocratic and rule‐governed nature of the neo‐liberal conception of the role of the state. Rights basically protect negative freedoms if they are to be at all compatible with the rule of law and separated from disputed moral conceptions. The second theme is the critique of social and economic rights, which social democrats have tended to favour as part of the pursuit of social justice within society. This is rejected by the neo‐liberal partly because the pursuit of social justice is seen to be a mirage in Hayek's own word and because there are other compelling arguments against the conception of social and economic rights.
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