Understanding Law Through Expectation

The existing researches about Hayek's thought revolve mainly around its Theory of Liberty,Theory of Social and the Theory of Law.While,The three aspects of existing researches above will be hard to reveal Hayek's whole though in this way.The paper intends to develop an understanding of the Law through the concept of Expectation in the sense of Hayek by analyzing the basic characteristics of Expectation.Particularly,the paper also try to further develop a understanding toward Law on these foundation.As far as the topic concerned,the main contents are divided into the following five aspects:Introduction,the first chapter,mainly discuss Hayek's concrete awareness,including Hayek's criticism towards Constructionist Rationalism and his defence of Evolutionary rationalism.This chapter also focus on the appearance of Expectation and the meaning of Expectation in Evolutionary rationalism.The second chapter,taking the philosophical basis of expectation as it's core content,mainly involves the epistemology of knowing and ignorance and Hayek's true individualism.According to the criticism of Zeitlichkeit in journals reviewed part above,this chapter puts the analysis of Expectation on Hayek's Epistemology and it also provides basic guide concerning epistemology to understand Expectation.The later one further discuss Hayek's true individualism,which provides methodological support to understand expectation.Chapter three focuses on the basic characteristics of expectation,mainly discussing the intellectual origination about Expectation.In addition,it also involves the Issues such as the setting of rules and culture and the definition of legitimate Expectations.Among those discussion,the roots of intellect are further discusses to former chapter,which reveals the elements of ignorance and freedom in hint of expectation.The part of Rule-Culture makes a general survey on the concrete content of the expectation according peoples' emotion.It's especially important to under Law in the sense of Hayek according to Legitimate expectation and expectation's protection which will be talked in Chapter four,in addition,it also provides a indispensable guideline for the concept of Law expounded in the article.The fourth chapter mainly talks about a new interpretation concerning law as a result of Hayek's reconstruction of law.In particular,according to the asking why thatLaw has to protect expectation,we switch our concern to how to put the expectation as the basis of the law.At the same time,the paper will further demonstrate that Hayek's reconstruction of Law not only suit the Rules of due conduct but also fit the Legislation.In the part of conclusion,the paper explicitly reveals the element of Liberty in the process of understanding Law by Expectation and treats it as the main value to Hayek's reconstruction of Law.