On The Internal Relationship Between Hayek 's View Of Knowledge And Its Thought Of Rule By Law

The philosophical foundation that supports Hayek’s evolution theory of the rule of law is a kind of views on knowledge which are about the limited human reason. Hayek’s views on knowledge are characterized by the emphasis on the ignorance of humans. The division of knowledge means that knowledge is limitlessly dispersed and changing, which determines the normal state of "ignorance" of humans. Tacit knowledge further proves the necessary ignorance of humans from the dimension of the way of the acquisition of knowledge. The ignorance of humans is not only a fact that cannot be denied, but also the reason of the continuous development of human civilizations. The self-limitedness of subjects, together with the complexity of objects makes up the definitive property of "ignorance".The general abstract rules as the tools for the carrying of knowledge are means to deal with the ignorance. The core difference between the general abstract rules and the specific commands lies in that the goal of a specific action plan and the knowledge it needs are grasped by the authority or, by the executor of the action and the authority together. The law guarantees the individual an inviolable private sphere which in reality, reserves the space for the individuals to use their personal knowledge. The cooperation conducted by social subjects according to the general abstract rules achieves the coordination of personal knowledge and the general knowledge.There are inherent contradictions between Hayek’s views on ignorance which are based on the division of knowledge and his codification Rechtsstaat. The decline of the ideal of the rule of law in the practice of welfare states, the criticism of ordinary legal scholars and the logical requirements of the views on ignorance together contribute Hayek’s turn from codification Rechtsstaat to common-law Rechtsstaat.Through strict discrimination of the different nature of laws and regulations, Hayek puts forward the dualistic outlook of law and legislation. Based on his views on knowledge which laid emphasis on the ignorance of humans, Hayek established a dualistic analysis framework which combined constructivist rationalism with evolutionary rationalism by criticizing the rational conceit of constructivist rationalism. Therefore based on his special views on knowledge, Hayek naturally deduced his thoughts on the rule of law which stressed the capability of self-regularization of society and pointed out that the national legislation should fully respects the inner order of society.