Hayek On The Rule Of Law Changes And The Protection Of The Rights

Legal rules are the highest norms for guiding people to act,and the purpose of their existence is to guarantee the rights of people.Hayek on rules of law of the legal awareness of opening a new perspective,he believes that the legislature enacted the law is the meaning of the form of law,the rule of law is essential to people the result of the action,the generation process of legal rules is a spontaneous process.Thus,the Hayek rule of law into the free law and the legislation of two types,the freedom of the law from the customs and practices,is a legitimate rules of conduct;legislation is a legislator for the specific purposes of deliberate design,does not apply to all the people,can not deal with unknown situation.In addition to the rules prescribed by the plaintext,there is an unexplained rule that people can't describe it in language,but people follow it in actual action.Although the rule of proper conduct is the result of cultural evolution,legislation is needed to correct and perfect it.Therefore,legislation has expanded the rule of law to protect rights.The change rule of law reflects changes in legislation,the two part time change and space change,including the rule of law,the former is the longitudinal changes with the passage of time,the rule of law from the initial simple practices for the development of the legal system is complex,the legislation on the protection of individual rights also expanded the scope of rights;The latter is the horizontal change,change the most intuitive space change is to expand the geographical scope,followed by a change in the nature of legal rules and expand its applicability,but eventually lead to the expansion of the protection of human rights.In the course of the change of legal rules,the law rules are always related to the protection of rights,and the process of the change of the law rules is the development process of the protection of the rights.