What Friedrich A. Hayek sought with his three volumes of Law, Legislation and Liberty was to propose a legal-political system in which the Rule of Law principle would not be de facto replaced by the rule of men through laws (Rule by Law). To do this, he built a recursive model of a legal system whose initial conditions were the legal customs as the only source of law. Thus, in such a system, the rule of recognition -
There is only one ontological category: The Natural Reality. Trying to parse what is more natural, more spontaneous is therefore a pointless exercise. Whether law is written or not, it all arose from interactions between humans and each other and the surrounding environment. Is it efficacious, balanced, useful? Those are worthy questions. But we should keep Einstein's quote in mind when trying to answer: Things should be as simple as they can be . . . But no simpler.
There is only one ontological category: The Natural Reality. Trying to parse what is more natural, more spontaneous is therefore a pointless exercise. Whether law is written or not, it all arose from interactions between humans and each other and the surrounding environment. Is it efficacious, balanced, useful? Those are worthy questions. But we should keep Einstein's quote in mind when trying to answer: Things should be as simple as they can be . . . But no simpler.