A Research On Hayek's Theory Of Spontaneous Social Order

In the field of Western liberalism, Hayek (F.A.Hayek) is undoubtedly a very important figure , and he had a lot of works in his whole life involving political, economic and legal, and the theory of spontaneous social order (spontaneous order) is the most important one. as Hayek pointed out,the whole task of the social theory is to reconstruct the varieties of spontaneous order existing in the society, and it's helpful for us to consider how to solve the problem we are facing.so it's necessary and meaningful for us to try to understand and study the Hayek's theory of spontaneous order .However, we need to answer a few questions during the study : What is the order; how it was produced; why the spontaneous social order is superior to the order of man-made; what to do and what can be done when we are in the face of the spontaneous social order, that is ,what the legislation should be .A more complete picture can be get when we read the writings of Hayek with these questions ,as the system of his writings is huge,including the theory of freedom, social theory and legal theory.What's more,the exposition of the spontaneous order is scattered in the various of chapters. Instead of understanding of Hayek's theory of spontaneous social order,our goal is to solve the problem we meet in our construction of legal, the basis of his theory is the criticism of rationalism of constructivism which is popular in western world. but it does not affect our reference.Therefore, there is four parts in my paper.The first part is the discussion of the order itself,that is,what is it,and how is it generated, which involved the discussion of the two different ways of the generation of the order and their characteristics.The second part is the discussion of why the spontaneous social order is superior to the man-made,and it involves Hayek's theory of freedom and ignorant of knowledge.The third part is to explain the distinction between the two orders, based on what we find out that the social order is superior to the spontaneous order, so,the problem is what the Legislation should be, what the limits of legislation, the last part is to prove the significance of Hayek's theory in our country's legislation. Hayek's deep insight into the relationship between the real law and the legislative law has far-reaching indications on the coordination of folk laws and state laws in our country. And moreover, his ideas about traditions also inspires us with concerns for local resources in the nomocracy construction.