Freedom, Order And The Rule Of Law

The essay is on reading of F.A.Ha3'ek's theory of the rule of law, and it's founded on the base of four core concept, which are ignorance, liberty, order and rule of law. This essay consists of six parts.The first part is preface. In this part, the author briefly introduces the life of Hayek, and summarizes his thought of liberalism, so as to emphasize the importance of the theory of rule of law in his whole system of thought.The second part is on the ignorance. The theory of ignorance which is founded on the limitation of humen's reasoness and knowledge is the philosophy basic of Hayek's rule of law. In this part, based on the two aspect of knowledge and reasoness, the author mainly proves that humen's ignorance is inevitable.The third part is on liberty. The supreme of person's liberty is the theory premise of Hayek's theory of rule of law. The main value and the ultimate aim of rule of law is person's liberty, which is the rightfulness of rule of law. In this part, the author first studies the history of the liberalism, then discriminate the concept, nature and value of liberty detailly.The fourth part is on the order. Hayek's theory of law is founded on the integrate social order. In this part ,the author mainly studies the two types of social order, especially studies the spontaneous order and how to defend it.The fifth part is on the rule of law. In this part the author explores three problems, the meaning of rule of law, the dualism of law and legislation, the institution framework of rule of law, democracy and constitution ism .The sixth part is conclusion. In this part, the author clarify the arguments and puzzles about Hayek"s theory of rule of law and briefly and generally appraises his theory of rule of law.