Hayek's "rules Of Social Order Dualism"

This thesis studies Hayek's theories of rules and order from the perspective of political philosophy and law philosophy. It aims explores not only the logic of Hayek's theories of rules and order, but also the significance and potential value that his logic of rules and order has. With a full understanding of Hayek's theories of rules and order, the author maps the structure of Hayek's theories of rules, order and organizations.The first section introduces Hayek's rules, order and society. After this, the paper sort out the connotation of Hayek's concepts of rules and order in detail by elaborating the differences that Hayek tells between two kinds of rules and order:"nomos" and "thesis", "cosmos" and "taxis". Furthermore, the author analyzes the connotation of Hayek's key words about rules and order:"opinion", "will", "expectation", "justice", "right".Hayek's view of "nomos" and "cosmos" base on the tradition of English common law. The Principle of Due Process of common law is comprised of "The Principle of Party Presentation", "Trial by Jury", "Rule of Precedent". By analyzing the "Trial by Jury", the author explore that "majority opinion" how to reflect "everyone's necessary and irremediable ignorance" and lead to "nomos". The second part of the paper explores that the due process of common law how to reflect the attributes of "nomos". Hayek's "nomos" and "cosmos" can be evolved via such judicial practice.The third section traces Hayke's view of "thesis" to the tradition of constitutional democracy of England which has been discussed by John Mill. This paper further studies the way that organizations could take to make the "thesis" possess more attributes of "nomos". The process of making "thesis" of many organizations involve "party's will", "democratic process", "principles". By analyzing the "democratic process", the author explore that "majority will" how to reflect "everyone's necessary and irremediable ignorance" and lead to "thesis". By elaborating the differences between two kinds of principles, the author explore that in a factual state of affairs, "thesis" would deny the " ignorance" and lose the attributes of "nomos" which "thesis" should possess. Furthermore, "thesis" would finally cancel "nomos" and moral.Any evaluation of Hayek's theory of liberty and constitutionalism can not be made reasonably without exploring Hayek's theories of rules and order. Only if we understand the relationship between two kinds of rules and order, could we understand Hayek's criticism on modern democratic government. Hayke's theories of rules and order may be qualified to interpret many kinds of political system and culture.