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Freedom,Justice And The Rule Of Law

Posted on:2007-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360185957521Subject:Political Theory
Abstract/Summary:PDF Full Text Request
Hayek looked ignorant epistemology as his basic point of theoretical presumption. Through criticizing the constructive rationalism, Hayek denied that reason was omnipotent. He thought reason was only formal and finding ability but not substantive and constructing ability. This formal reason decides the human knowledge is only realized by the course of accumulation and trial and error, and human reason also decides human could not get all truth. Therefore we must abandon the fantasy that we could create our future by painstaking think.The rules of just conduct is the footstone of Hayek's political theory, and it is also his epistemological embodiment in political field meanwhile, it is also the breach that we understand the relation between Hayek's negative value and the theory of safeguarding freedom. There are three important traits to compare it with the rules of organization. The first, abstract trait. The rules of just conduct point to that is not one specifically purpose or action but countless intending state of affairs. It is a command that points to uncertain everyone and get it done once and for ever, and a kind of abstract that is under all space-time specifically things, and a non-rational result. The second, end-independent trait. The rules of just conduct are independent of material stale of affairs and not to point to material end. Its purpose is to partition off private sphere and adjust people action according as private sphere. End-independent trait means it is independent of end. The third, negative trait. Negative trait is the key on understanding the rules of just conduct and his content is very complex. It contains three lays of means. The first, the representation of the rules of just conduct consists in forbidding some specific actions. The second, the purpose of negative trait consists in carving out private sphere and protect it. The third, negative systematic inspecting way of the rules of just conduct.Justice only points to human behavior and rules that behavior observes not to the facts. Because behavior is controlled by rules at last, so natural character of just consists in rules, and justice is the justice of rules but not the justice of...
Keywords/Search Tags:Freedom,Justice
PDF Full Text Request
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