English liberty is regarded as the exemplar of political moderation and gradualism,particularly evident in its immemorial common law tradition and the continuity of the English constitution.Accordingly,Hayek sees British history as a spontaneous order,and argues that the Scottish Enlightenment furthers the spirit of Whig historiography.However,Adam Smith,who has an important intellectual influence on Hayek's theory of spontaneous order,rejects the Whig historiography which Hayek inherits.In Smith's account,English common law is not the spontaneous product of insular custom,but a revolutionary outcome of the order restructured following the Norman Conquest.The Chancery Court,criticised by many common lawyers,is also deemed by Smith as an indispensable exogenous remedy.Smith's interpretation of common law and English history thus reveals his stance as a"sceptical Whig".
Adam SmithHayekLectures on Jurisprudencecommon lawkingship
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