| Freedom and rationality are the creation of civilization and the affection of the long historic process of human civilization.The individual freedom without rational limitation appears uncontrollable and rootless. The magnification of rationality tends to rational arbitrariness which damages individual freedom and disparages the self-value of rationality. Only if putting individual freedom under the range of rational limitation, we could overcome the disadvantage of freedom.However, the constitutionalism serves as the realistic carrier which integrates individual freedom with rationality, and the common law of Rechtsstaat embodies Hayek'theoretical endeavor in this direction. Through making different properties between the inner rules and the outer rules, essentially criticizing both the unitary of social order and rules and Legal positivism, deep insight into the proposition that the evolution and selection of the culture of the social rules of conduct system and even through the creative concordance of the evolutionist Rationalism and the constructivist Rationalism at a more deeper level , Hayek achieved the final logic conclusion that the common law of Rechtsstaat and it's Hayek'important thinking achievement which integrates the common law' safeguarding the rules of the freedom with the Rechtsstaat' claim to the sage rational design. |