“It is the rule of law, in the sense of
the rule of formal law, the absence of legal privileges of particular people
designated by authority, which safeguards that equality before the law which is
the opposite of arbitrary government.
A necessary, and only apparently
paradoxical, result of this is that formal equality before the law is in
conflict, and in fact incompatible, with any activity of the government
deliberately aiming at material or substantive equality of different people,
and that any policy aiming directly at a substantive ideal of distributive
justice must lead to the destruction of the rule of law. To produce the
same result for different people, it is necessary to treat them differently….it
cannot be denied that the rule of law
produces economic inequality - all that can be claimed for it is that this
inequality is not designed to affect particular people in a particular way…
…it may even be said that for the rule
of law to be effective it is more important that there should be a rule applied
always without exceptions than what this rule is.... It does not matter whether
we all drive on the left- or on the right-hand side of the road so long as we
all do the same. The important thing is
that the rule enables us to predict other people’s behavior correctly, and this
requires that it should apply to all cases - even if in a particular instance
we feel it to be unjust.”
Page 79, The Road to Serfdom, Friedrich a. Hayek,
The University of Chicago Press, 1944