Freedom Under The Law--Study On Hayek's Thought Of Rule Of Law And Freedom

For a long time, because compatriots, misunderstanding to the political just values of the liberalism and of the thought governed by law in Hayek, so that many people hold the attitude of refusing to political philosophy in Hayek. This has not totally carried on the deepening research and come to the thought governed by law of system of Hayek. Because of the reason, this thesis is more systematic with explaining the thought of law and constitutional government in Hayek in an-all-round way, not only has announced the law science basis of classical political value of liberalism in Hayek, prove Hayek's theory in liberalism value originally of crisis of theory of solving also. Hayek has changed the political question into legal issue, and is devoted to innovation of the new mode of the constitution, in order to reach the purpose of its realization constitutional government through this new constitution mode, so, a focal point of this text is to analyze in depth the concrete structure of the new mode of constitution of Hayek, have shown the value of the justice in the legal order theories of Hayek. This is a key question of liberalism too, and then realize the rule of law of a country through the implementation of his new constitution, but it is not a final goal that he purposes which realize rule of law in a country, realize human freedom through rule of law is that the theory purport of all of his system design returns. We can say too, the real purpose of Hayek's legal thoughts is not to lie in offering a law science theory or knowledge theory and lie in setting up the political theory of a kind of new liberalism, the key to such new liberalism political theory reflects in his law especially constitutional government theory, so, the liberalism of Hakey was essentially expressed via his law and constitutional government thought, in other words, all his laws and constitutional government thought are served for his liberalism theory .This text expound the " a meta-legal doctrine " of Hayek deeply too, it and then announces his liberalism thought has the most difference compared with before and his contemporary liberalism theoretician, that a country of rule of law is a country running by common law, with his unique visual angle of evolving rational doctrine he proposes reasonable act regular theory, his theory of public law and private law dividing has a remarkable difference with today us too, which continental system divides public law and private law , so-called public law should serve for private law, public law should for protect private law and exist, only in this way human freedom can just not beinfringed , liberalism person's ideal could be realized too. Could it have crisis of the one that brings because of expansion of public law of law for liberalism to be overcome only in this way too.Hayek is not a keen intelligence and excellent judge, his treatise is not the Holy Bible, his theory is only a summary about the process of civilized of rule of law to mankind, it is a kind of assumption in theory too, just as foregoing paragraphs described, his theory is not perfect, his passive free view itself has a kind of one-sidedness, moreover it is no feasible in the realistic society to place mankind free final realization on totally on the rule of law, and his freedom theory attempts to wind the foundation of the right and depends on rule of law and has its defect in theory directly, in this thesis all these questions have been criticized too.However, Hayek is an western master of liberalism after all, not merely there are its far-reaching meanings in the west in his thoughts of rule of law, there are places that can be drawn lessons from to China which is building a country under rule of law invariably too, so, this text has analyzed the question what our country exists in the course of judicial reform. This paper also makes a theory discussion whether Hayek's theory could guide judicial reform of our country.