哈耶克的自由秩序理论体系经过了漫长的演化过程,积极自由概念的确立更是使其理念无限趋近于洛克“哪里没有法治、哪里就没有自由”的自由主义观点。哈耶克法治主义自由观的认识进路中涵盖了三个方面的内容。首先,法律之治是法律的基本属性;其次,法治的根本原则乃是普遍利益;最后,形式合法则是法治当前的最大危险。 Hayek’s system of liberal order theory has undergone a long evolutionary process and the establishment of the concept of positive freedom has brought his idea infinitely close to that of Locke. “There is no freedom where there is no rule of law”. The Way of Knowing Hayek’s Legalism Freedom Concept covers three aspects. First of all, the rule of law is the basic attribute of the law. Secondly, the fundamental principle of the rule of law is universal interest. Finally, the principle of form legitimacy is the current greatest danger to the rule of law.