Analysis Of Hayek Liberalism And Legal Philosophy

Philosophy is a sophisticated product of the continuous development of human spirits, and Legal Philosophy has shown the unification of freedom and order within human society. Being the highest hope and the ultimate pursue of value, freedom has been the goal that human has been pursuing all along. Looking into the development of human beings, rule of law seems to be the best measure to obtain true freedom within human society. There has been numerous of philosophers who tried to study the relationship between freedom and law, and Friedrich Hayek has successfully created his own philosophy of law by combining liberalism, sociology and legal thoughts through his unique perspective. In his opinion, the formation of social order is greatly supported by rules, and the freedom of individuals is also based on laws. The goal of laws is to allow everybody to obtain freedom in their own means. At the meantime, everyone must be equal under the law. No one can stand above the law even if he is the law maker. This is the exact attribute that prevent people from being restrained by others, and also the essence of freedom. The soul of the rule of law is to obtain freedom through the law, and to contribute to the law from freedom. Looking at the current situation in China, it is also the critical period for the construction of its legal system. Studying and referencing Hayek’s philosophy of law and probing into the mutual relationship between law and freedom can not only provide theoretical guidance to China’s construction of legal system, but also bring to China with enlighten on future development.According to this theory, the paper is divided into four chapters. The first chapter introduces the analysis on the essence Hayek’s theory of liberalism through discussing the original of Hayek’s theory and ideas. After the analysis, chapter two introduces Hayek’s theory of laws, also analyses the definition, general attributes and Hayek’s dualistic theory of law. The third chapter is focused on the relationship between law and freedom. They both are tightly bonded together as each other’s support. In the fourth chapter, we discuss the inspirations of Hayek’s philosophy from real life examples; also explain the contribution, theoretical limitations and practical significance from Hayek’s philosophy of law.Hayek’s Liberalism Legal Philosophy is not just a personal achievement, but also a product of an era. It is exactly his constant pursuit of achieving human freedom that provided people with precious fortune of knowledge. People’s pursuit of self-worth is achieved through generations’ exploration. While studying and criticizing Hayek’s theory of knowledge, we should feel more of an appreciation of his great contribution to the development of human knowledge.