MISES: Interdisciplinary Journal of Philosophy, Law and Economics https://revistamises.org.br/misesjournal <div style="text-align: justify;"> <p dir="ltr">MISES: Interdisciplinary Journal of Philosophy, Law and Economics , scholarly and peer-reviewed journal (print and on-line) published three times a year by Instituto Mises Brasil which was founded in 2007. The topics covered in the journal mainly include (but not limit to): Epistemology and Ethics, Economics, Methodology and Praxeology, History of Economic Thought, Society, Legislation and Politics, Culture and Freedom.&nbsp;</p> <p dir="ltr">The journal is published in Portuguese, Spanish and English. The e-journal provides free and open access to its content on our website.</p> </div> en-US <p>&nbsp;</p> <p><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by/4.0/88x31.png" alt="Creative Commons License"></a><br>&nbsp; This Journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a>.</p> paranaiba@mises.org.br (Adriano Paranaiba) revista@mises.org.br (Suporte Editorial) Fri, 29 Nov 2019 00:00:00 -0200 OJS http://blogs.law.harvard.edu/tech/rss 60 The Fundamentals of the Rule of Law in F. A. Hayek’s Thinking https://revistamises.org.br/misesjournal/article/view/1308 <p>In the 1960s and 1970s, F. A. Hayek showed through his writings some concern about the emptying of the foundations of the rule of law doctrine. It was crucial to recover and preserve the foundations of this doctrine<br>in order to guarantee the freedom of individuals before their peers and the State. It seems that, today, free societies go through a similar process of questioning and relativizing the the rule of law doctrine. The fundamentals of the rule of law defended by Hayek encompass individual and negative freedom, social evolutionism, and the empire of the applicable law in an impartial way. This article aims to study the fundamentals of the rule of law doctrine in F. A. Hayek. In an open society, a state of freedom can be enjoyed by everyone to use their knowledge for their own purposes, limited by universally applied general rules. The State must be limited by general principles to which the community has previously and constitutionally committed. Without the foundations of the rule of law, as Hayek taught, the administrative discretion of the State, the servitude of the will, and the constructivist rationalism of the norms rise.</p> Anderson Paz Copyright (c) https://revistamises.org.br/misesjournal/article/view/1308 Sat, 15 Aug 2020 09:15:44 -0300 Cryptocurrencies and the Contractual Freedom in International Private Law and in the Brazilian Legal System https://revistamises.org.br/misesjournal/article/view/1325 <p>&nbsp;This article deals with the use of cryptocurrencies and their respective technological structure within the international community and in Brazil. It is known that law is a dynamic social science, insofar as it must adapt to realities. Today it is impossible to ignore the growing transactions of equity content that take place<br>through virtual currency, which differs from electronic currency. Adopting the liberal theoretical framework,<br>the legitimacy and viability of cryptocurrencies will be demonstrated as a bargaining chip, focusing the study<br>on the core of international and national contracts, verifying the support (or not) of domestic private law, and<br>how they may prove to be solutions to major problems, despite the progressive eagerness of States to regulate them in order to avoid decreases in their revenue. Methodologically, the literature review is used, as well as the analysis of regulations, jurisprudence and media reports.</p> Tamara Luiza Dall Agnol Pinto Copyright (c) https://revistamises.org.br/misesjournal/article/view/1325 Sat, 15 Aug 2020 09:01:06 -0300 Ideas, institutional change, crisis and pandemics https://revistamises.org.br/misesjournal/article/view/1316 <p>The recent crisis yielded by the Covid-19 pandemic has brought up many immediate concerns, as well as uncertainty regarding the social effects it may have in the future. Will there be institutional change in our societies? In what direction: towards a greater degree of freedom or further advancement of the role of the<br>State? In this article, we will seek to analyze how this institutional change is devised, focusing our attention<br>on the role played by the mainstream ideas and values in society, and how they evolve. Particularly, we will<br>consider the role of ideas using a market as a benchmark, in which we find parties who demand and who<br>offer, highlighting the role played by entrepreneurs. We will also see what happens when a crisis is triggered,<br>and to what extent it impacts both the size of the market and the future path that society may follow. It is too<br>early to say, right now, which way the market of ideas will lean after the pandemic, but we will analyze what<br>may be the impact of the crisis, of the possible solutions, their results, and their effect on the prevailing ideas.</p> Martin Krause Copyright (c) https://revistamises.org.br/misesjournal/article/view/1316 Tue, 28 Jul 2020 21:09:21 -0300 Free Competition in Rail Transport https://revistamises.org.br/misesjournal/article/view/1296 <p>With the truckers’ strike of 2018, it became evident the need to increase the use of the railway modal in Brazil, currently insufficient for the needs of the country and turned almost completely to the transportation of commodities. A liberal proposal is to reuse the several stretches currently idle along the railway network on the lines of the north American shortlines. To this objective, an introduction of competition should be sought in the light of the Austrian theory of markets as processes, in contrast of the mainstream analysis of natural monopoly structures. The present article aims to analyse the necessary reforms through a literature review of the Brazilian and North American experiences.</p> João Felipe Rodrigues Lanza Copyright (c) https://revistamises.org.br/misesjournal/article/view/1296 Sat, 13 Jun 2020 10:58:33 -0300 Why do We Need a State? https://revistamises.org.br/misesjournal/article/view/1299 <p class="Default" style="text-align: justify;">This article investigates the motivations for State interventions inside moral, political and economic spheres. If historically the conflicts between State power and individual liberty are generated in abundance, on the other hand, the justifications remain, even in today’s time, as being rationally relevant. Do we really need a State? Is the protection received worth the lost individual liberty? We propose ourselves to investigate such a coercive institution. The main objective is to expose State action and work inside its rationalities. This investigation has as its method the hypothetical-deductive, and makes use of the technic of bibliographical research. Such analysis is of great importance as a means to understand the figure of the State amid the political crisis that surrounds many contemporary countries.</p> Mauricio Fontana Filho Copyright (c) https://revistamises.org.br/misesjournal/article/view/1299 Sat, 13 Jun 2020 10:48:44 -0300