Two traditions of liberty? confronting dworkin and hayek's legal and political philosophy

Abstract

Contrasting the ideas of the distinguished legal scholar Ronald Dworkin with those defended by Nobel laureate Friedrich Hayek, in the relation between liberty and equality and liberalism and democracy, this paper unveil key aspects of the long term debate among the so called "two traditions of liberty", as formulated by Hayek, in an intent for analyzing the paradox that, although the brand liberalism has been historically in the hands of those who defend a more egalitarian approach to individual and collective questions (and often implies sacrificing liberty for equality), it is plausible to agree with Hayek that this historical fact in the battle of ideas, should be revisited carefully. Strong reasons suggest that Hayek could be right in his claim that a proper "theory of liberty" has been defended historically not by these liberals, but by a tradition of ideas that have had to disguise under other brands: conservatives, libertarians or neo-liberals, generating confusion and misunderstanding.