Liberty And Rules Of Law

As one of the liberalists in the 21~st century, Hayek contributed to defending the private liberty of individuals in all his life. In Hayek's opinion, the liberty is the one under the rules of law. Basing on the general rules in his liberalism theory, Hayek formed his constitutional theory. So, there is a firm logic relation between his liberalism theory and his constitutional theory. Encircling this focus, I try to explore Hayek's constitutional theory.The thesis has four charters exclusing the preface and conclusion.The first charter backwards to the basis of Hayek's liberalism theory:liberalism in the Scottish enlightenment. And the the spontaneous order is the subject of this campaign. This subject was developed by Hayek after the cultural evolutional theory of Hume,Smith.Adam's theory of "invisible hand"and Carl's theory on the currency's origin.The second charter analyzes Hayek's liberalism system. Hayek thought of oercion as the opposite of the liberty. In order to stop the oercional actions among people, we need to know what is private sphere and the sphere is decided by the rules of just conduct. At last, the formation and existence of these rules of conduct are within the spontaneous order. Only by this, can the liberty be formed and exist.The third charter is about Hayek'dualistic theory of law. Hayek referred the liberty to the one under the rules of law. Here, the rules of just conduct which decide the private sphere in Hayek's liberalism theory is the real law, in a way, they are the same. These rules of just conduct differ from the rules of organizations. But in history, these two rules are mixed by the law positivisites. Hayek formed his dualistic theory of law by animadverting on them. Finally, the disorganization of the Soveit Union and the great revolution in France approves the validity of Hayek'stheory about the liberty under the rules of law.The fourth charter mainly introduces the constitutional system arrangement on how to achieve private liberty. This system includes the basic principles of the Constitution, the power frame as a whole and the individual organizations of constitutional power.