Law and Ayn Rand: Objectivism from the Perspective of Legal Philosophy

Objectivism, the philosophy of Ayn Rand, subordinates legal concepts to radical capitalism as a political ideal. Such concepts, however, play an important role in her political thought. Scrutiny of those writings where Ayn Rand deals with these concepts shows a middle ground between Natural Law, Positivist and Legal Realist perspectives. According to Objectivism, objectivity becomes the essential feature of Law in the stricter sense. In this respect, Rand’s 156 LUCA MORATAL ROMÉU approach moves away from the philosophical influences of Aristotle and Saint Thomas Aquinas, and proclaims the incompatibility of the minimal state with uncertainty and any kind of discretionary powers in the legal field. The contrast with Hayek’s later legal-philosophical contribution points to the feasibility of an integration into what could constitute the basis for a Libertarian legal science.