Hayek was the one of the greatest thinkers in the 20th century. He integrated the knowledge of Economics, Politics, law, Philosophy, Psychology and so on, and elaborately analyzed, expounded the classic free thinking, even criticized the contemporary free thinking without compromising. Hayek defended the individual free persistently. He denied the seeking for social justice through his reflection and warning to tyrannical politics and put forward the legal justice clearly under many attacks. Hayek's legal justice thinking is not perfect, but it has its target. His legal justice thinking based on the non-rational knowledge, methodological individualism and spontaneous order which he advocated. This is the much deeper insight. This article will discuss Hayek's legal justice thinking clearly and deeply in the four parts. The first part is to generally expound the basic theory of Hayek's legal justice thinking, which uncovers the theory premise and background of Hayek's legal justice thinking from the non-rational knowledge, methodological individualism and spontaneous order and make a good beginning for further expounding; The second part is to follow the thinking of Hayek's criticizing on social justice. In this part the article analyzes Hayek's justice definition first, then examines the social justice, finally discusses Hayek's justice thinking from his basic view for social justice in the criticizing from anthropomorphism, social theory, distribution standard and equal result; The third part and the forth part are to discuss the reality of justice which is to legalize the social actions, and put forward the real meaning of our China's society which affect on. |