The Research Of Hayek’s Thought Of The Rule Of Law

Freedom is the ultimate ideal of human’s pursuit, and the rule of law is the bestway by human’s choices to achieve this ideal after competing in a variety of ways. Inthe history of Western Philosophy, long concerned about the rule of law, a lot ofthought also achieved success. But only Hayek combined freedom with the rule of lawand used his unique theoretical system to study the rule of law. Hayek learned theideas about Austrian and classical liberalism, and taking the ignorance of knowledgeview and bounded rationality as a logical starting point, building on top of criticalabout constructivist rationalism, and proposed its unique evolution rationalism, andthe evolution rationalism’s product is Hayek’s spontaneous order which used as alltheoretical basis. Hayek combined with private sphere demonstrates the spontaneousorder more superiority than the general order about freedom. Later, Hayek establishedits "rules" paradigm, at the same time on the error about "the natural and man-made"demonstrated Social Union, the fallacy of one dollar to explain the social evolution ofbinary rules, and legal positivism on the basis of criticism, and ultimately generalideas for the rule of law provides rational approach to the inner. However, Hayek’sthought of the rule of law in the60years of the20th century, has converted from theoriginal belief of the "Code" of the rule of law concept is converted to "common law"rule of law and concept of the rule of law in the summary of the two differentconcepts and their transformation Cause analysis, we provide insights into the generalframework of legal thought of Hayek and the basic content. At the same time, becauseof the originality of thought Hayek the rule of law and the traditional view of therebellion, from the beginning has been raised to the attention of critical scholars, butcan not shake the20th century as a representative of the new Liberalism status. Ruleof law in our country critical time, studying and learning from Hayek’s legal thought,not only for the rule of law in China provides a unique theoretical perspective, moreimportant to China’s construction about rule of law, specifically, having greatenlightenment about judicial reform.