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Between Freedom And Law And The Law Comes Down To Freedom

Posted on:2013-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2235330374493214Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
Analysis of the relationship between the Hayek free and legal from the perspective of philosophy, freedom is a human pursuit since the spontaneous social values, but this is absolutely the idea of freedom is unrealistic, so Hayek proposed law through the development of the spontaneous behavior of mankind to a certain extent, limit the absolute freedom of the human in order to protect the relative freedom of mankind, so that the value of freedom can be achieved. And many other rules, Hayek believes that the law is definitely not it the purpose designed, but in the process of development of human history in the spontaneous product of. It is a useful rule of human behavior inadvertently. Abstract characteristics as a general rule of law. Its purpose is to allow everyone to have access to their own knowledge and judgment to pursue a certain goal space, this is the connotation of Hayek free.General abstract of the law lies in its all are equal, no one is above the law, law makers can not exception. The law only with this unique property in order to make people not be subject to others, this is the essence of freedom. Hayek stressed that the law is the general purpose of the rule is not to limit yourself to the will of others. People need to do is abide by the law, rather than give in to others mandatory, equality before the law, nobody privileges. The soul of the rule of law is the law embodies the spirit of freedom, Hayek the rule of law as the greatest achievement of the liberal era, it is not only to protect freedom, and freedom in the legal performance.Hayek’s theory of liberalism from classical liberalism and Kantian philosophy. The classical liberal view that the natural process contains the rules of wisdom, this may be the prototype of the Hayek’s spontaneous rules. Kant human process of cognition a priori factors and theories of the Austrian school of economics Hayek Limitation bud. Hayek’s "freedom" is to force as much as possible to reduce a state that a relationship between people. Hayek called the law must have universal abstraction, the role of a self-born in the rules of society. Law is the free product of the conditions of freedom, freedom is the foundation and goal of the law of value, free and legal unification of the rule of law...
Keywords/Search Tags:Spontaneous order, Internal rules, Liberalism, Enforcement
PDF Full Text Request
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