Principium Volume III, Book 3, Quote 1237, 1239, and 1242

1237. (1-27-2011) The house of representatives…can make no law which will not have its full operation on themselves and their friends, as well as the great mass of society. This [circumstance] has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates between them that communion of interest, and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny.

- James Madison – The Federalist, No. LVII, 1788


1239. (1-28-2011) To Adam Smith and his immediate successors the enforcement of the ordinary rules of common law would certainly not have appeared as government interference; nor would they ordinarily have applied this term to an alteration of these rules or the passing of a new rule by the legislature so long as it was intended to apply equally to all people for an indefinite period of time. Though they perhaps never explicitly said so, interference meant to them the exercise of the coercive power of government which was not regular enforcement of the general law and which was designed to achieve some specific purpose. The important criterion was not the aim pursued, however, but the method employed.

- Friedrich A. Hayek – The Constitution of Liberty, 1960


1242. (1-28-2011) …now turn to the kinds of governmental measures which the rule of law excludes in principle because they cannot be achieved by merely enforcing general rules but, of necessity, involve arbitrary discrimination between persons. The most important among them are decisions as to who is to be allowed to provide different services or commodities, at what price or in what quantities – in other words, measures designed to control the access to different trades and occupations, the terms of sale, and the amounts to be produced or sold.

- Friedrich A. Hayek – The Constitution of Liberty, 1960

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