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The Research On Hayek's Law Idea Of Evolutionary Rationalism

Posted on:2011-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:G WeiFull Text:PDF
GTID:2166360305981642Subject:Legal theory
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This thesis mainly discusses Hayek's law idea of evolutionary rationalism,which can be traced back to Hayek's early psychological "relationship theory turn", economics "epistemological turn", as well as "evolutionary turn" that based on the classical liberal tradition. Because the importance of Hayek's idea as well as little systematic study of the status in domestic and abroad, this thesis will be in-depth study on Hayek's law idea of evolutionary rationalism.In the first chapter, I will explore the knowledge sources of Hayek's law idea of evolutionary rationalism. Generally speaking, Hayek's law idea of evolutionary rationalism have three major knowledge-based: Mach cognitive psychology, the Austrian economics tradition and the classical liberal tradition.In the second chapter, I will explore the logical process of Hayek's law idea of evolutionary rationalism in phases, namely, the "time dimension" and the "logical dimension" of the thought formation process. Specifically, in accordance with the development of Hayek's thought thread, I will be divided into five stages: the law idea of Hayek before evolutionary rationalism, the generation of the law idea of evolutionary rationalism, the development of the law idea of evolutionary rationalism, the mature of the law idea of evolutionary rationalism and the deepening of the law idea of evolutionary rationalism.In the thrid chapter, I intend to discuss the inner logic of Hayek's law idea of evolutionary rationalism as an important aspect. Focus on five issues: First, analysis of Hayek's legal content. Second, analysis of Hayek's cognition of the formation and evolution of the law. Third, sum up the legitimacy of testing standards of Hayek's rules of just conduct. Fourth, I will give a possibility response on Naturalistic or Traditionalism, which is the common misconceptions of Hayek's theory of cultural evolution. Fifth, I will explore the most confusing and misunderstand question in Hayek's law idea of evolutionary rationalism, namely, how Hayek not only to adhere to the theory of evolution but also to insist on a rational view and did not become his own criticism object?In the conclusion of this thesis, I will discuss the fundamental purpose of Hayek's law idea of evolutionary rationalism, which is to construct the"Liberal Utopia". Obviously, my sustain maintenance of Hayek's theory in the thesis does not mean that I agree with all his thinking, nor mean that his law idea of evolutionary rationalism have no problem. In my view, due to limitations of history and the era, Hayek's law idea of evolutionary rationalism also have its inevitable limitations. At last, as some commentators noted that, Hayek's law idea of evolutionary rationalism have an important inspiration for the moment of rule of law in China, even the modernization process of China. In my opinion, what attitude we should take in dealing with the western theory is the most important inspiration.
Keywords/Search Tags:The law idea of evolutionary rationalism, Methodological Individualism, The theory of subjective value, The theory of cultural evolution, Extending Order, The theory of relationship
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