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哈耶克的法治观是由自发秩序理论衍生而来的,法治原理的根基在于建立在无知论之上的自生秩序理论。由此法治之法才是真正的法律,即保障自由的法律。于是,没有法治也就没有真正的自由。哈耶克法治理论的局限性首先在于,它误解了法实证主义的社会命题与分离命题,对法实证主义的法治观进行了极端的解读;其次,他的法治三原则无法直面真实的法律实践,而且排除了权利,也无法有效实现控制权力之专断行使的目的。因此,这种古老而空泛的法治理论也许只能作为一种政治理想而存在。
Hayek’s concept of the rule of law is derived from the theory of spontaneous order, the foundation of the rule of law lies in the theory of spontaneous order based on ignorance. Thus the law of law is the real law, that is, to protect the freedom of the law. Thus, there is no real freedom without the rule of law. First, the limitation of Hayek’s theory of the rule of law lies in its misunderstanding of the social propositions and separation propositions of the positivists and the extreme interpretation of the legal concept of the legal positivism. Secondly, his three principles of the rule of law can not face the real legal practice , And ruled out their rights and failed to effectively achieve the purpose of arbitrary exercise of control power. Therefore, this ancient and vague theory of the rule of law may exist only as a political ideal.