A Study On Hayek's Liberalism Legal Philosophy

Legal philosophy embodies the essence of the political civilization in the age of ruling by law. The age of ruling by law is an age approaching to rights and more an age approaching to freedom. It is freedom that embodies the spirit of our age. Therefore, to choose liberalism legal philosophy as an important field and project in modern legal philosophy research embodies the call of the spirit of the age in legal philosophy research. The thesis, A Study on Hayek's Liberalism Legal Philosophy, is a response to the call, though this is done by me---- a nobody. This thesis consists of six parts: introduction, chapter one, chapter two, chapter three, chapter four and conclusion.The introduction gives a general overview of the background of the age, theoretical significance and practical value of the project and gives a brief introduction to Hayek. It points out that Hayek's liberalism legal philosophy is an integral part of his whole social theory system and is an achievement deriving from his applying his theory of society and theory of liberty into the field of law and also an achievement from his reviewing liberty from the special perspective of legal philosophy. The author holds that to deeply research Hayek's liberalism legal philosophy can provide valuable theoretical enlightenment to the establishment of the"ruled by law"market in China.Chapter one theoretically discusses how Hayek criticizes people's incorrect understanding of some abstract concepts such as traditional freedom and liberalism etc., and introduces his own interpretation and demarcation of the above-mentioned concepts. Then, the author briefly comments on the disciplinary classification of legal philosophy. In the end, the author, by integrating the category of legal philosophy and Hayek's legal philosophy, elaborates on the theoretical framework of Hayek's legal philosophy.Chapter two, chapter three and chapter four mainly discuss the important aspects of the three dimensions in the theoretical framework of Hayek's liberalism legal philosophy. In chapter two, after analyzing the basic theories of Hayek's legal philosophy from an ontological perspective, the author puts forward that the rule of just action in law, the precondition for the existence of law-----spontaneous and natural society and its epistemological basis------knowledge view of"ignorant"and"separation"in Hayek's philosophical topics are the basis and core of his whole legal philosophy. Chapter three, from the perspective of axiology, discusses Hayek's thoughts on the traditional philosophical topics such as the binary relationship between law and freedom, as well as that between law and justice, and elaborates on the most innovative aspect of his legal philosophy theory, namely his legal outlook on the dichotomy of law and legislation. Chapter four, from the methodological perspective, points out the two special research ways or theoretical perspectives in Hayek's philosophical methodological system, namely individualism and subjectivism.Chapter five firstly praises the significance of Hayek's liberalism legal philosophy to the establishment of a harmonious society in China and discusses specifically its enlightenment to China's legal construction and traditional culture. In the end, the author puts forward his own different viewpoints on some theoretical conclusions and argumentation of Hayek's legal philosophy.Though there is no consensus on Hayek's liberalism legal philosophy in domestic academic circles and he is a staunch supporter of capitalism, his devotion to academics and his contribution to modern research of ruling by law should be praised. To research Hayek's legal thoughts is both theoretically and practically significant.