Hayek's Criticism Of Legal Positivism

This thesis shows the comparatively integral theoretical train of thought of Hayek's criticism on the legal positivism through systematically reorganizing his decentralized criticism on the legal positivism expressed in his own works,especially in the book ?Law,Legislation,and Liberty?.What's more important,it is presenting Hayek's unique theoretical angle that promotes people's reexamining human's reason and recognizing legal rules governing human behavior,and restoring the justice's original function of judging the law.This thesis elaborates Hayek's criticism on the legal positivism mainly from three aspects: epistemology,legal views and the relationship between law and morality.The first chapter mainly elaborates Hayek's criticism on the legal positivism on epistemology.This chapter firstly introduces the scientism of the legal positivism;then elaborates Hayek's criticism on the scientism,the philosophical fundament of the legal positivism;lastly,states Hayek's epistemology.The second chapter mainly elaborates Hayek's criticism on legal positivists' legal views.This chapter firstly introduce s three representative personages' legal views in legal positivism,including Austin's imperative theory,Kelson's legal norms theory and Hart's legal rules theory;then elaborates Hayek's criticism on legal positivists' legal views;then introduces Hayek's legal views;lastly,discusses the trend of publicization of private laws.The third chapter mainly elaborates Hayek's criticism on the separation of law and morals hold by legal positivists.This chapter firstly introduces three major figures' separation of law and morals in the legal positivism;then,elaborates Hayek's criticism on separation of law and morals;lastly,introduce Hayek's negative justice notion.