2011•Journal of Taiyuan Normal UniversityRequires access

The Challenge and Outlet of Hayek's Legal Philosophy

Nie Chang-jian

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Abstract

At present,the challenge to Hayek's legal philosophy comes from the following three aspects: firstly,the blame that Hayek reconciled the two different epistemologies between Kant and Hume;the second,the blame that Hayek was conservatism;the third,the blame that Hayek was utilitarian.In these blames,the factor of misunderstanding is more than that of the truth.The plight of Hayek's legal philosophy lies in his ignoring of the bond function of moral sense in the modern legal society,made profound classical liberalism superficial.Its outlet is to return to classical liberalism,by the leading of legal justice,build a tender,friendly and coadjutant social community.

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At present,the challenge to Hayek's legal philosophy comes from the following three aspects: firstly,the blame that Hayek reconciled the two different epistemologies between Kant and Hume;the second,the blame that Hayek was conservatism;the third,the blame that Hayek was utilitarian.In these blames,the factor of misunderstanding is more than that of the truth.The plight of Hayek's legal philosophy lies in his ignoring of the bond function of moral sense in the modern legal society,made profound classical liberalism superficial.Its outlet is to return to classical liberalism,by the leading of legal justice,build a tender,friendly and coadjutant social community.

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Available abstract

At present,the challenge to Hayek's legal philosophy comes from the following three aspects: firstly,the blame that Hayek reconciled the two different epistemologies between Kant and Hume;the second,the blame that Hayek was conservatism;the third,the blame that Hayek was utilitarian.In these blames,the factor of misunderstanding is more than that of the truth.The plight of Hayek's legal philosophy lies in his ignoring of the bond function of moral sense in the modern legal society,made profound classical liberalism superficial.Its outlet is to return to classical liberalism,by the leading of legal justice,build a tender,friendly and coadjutant social community.

Key concepts: Blame, Liberalism, Conservatism, Economic Justice, Epistemology, Philosophy, Classical liberalism, Law

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