2010Journal of Chengdu University of TechnologyRequires access

Comparative Study on Thoughts about Rule of Law of Hayek and Raz:From the Angle of Relationship between Freedom and Rule of Law

Zhiwen Yang

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Abstract

Hayek and Raz have the different conclusions on the issue of the relationship between freedom and of law.The former advocates for building a free and well-ordered society,and thinks that can offer adequate security to freedom,but the latter takes this as an extravagant hope.In the respect of thought about of law,they have different understanding about rule of law,law,value about of law,etc.In the view of of law,they are antagonistic on points about substantial of law and formal of law,positive of law and negative of law,purposed of law and implemental of law,complete of law and halfway of law,having complete trust in of law and having neutral trust in of law,legal position of moralism and legal position of positivism.

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What this paper is about

Hayek and Raz have the different conclusions on the issue of the relationship between freedom and of law.The former advocates for building a free and well-ordered society,and thinks that can offer adequate security to freedom,but the latter takes this as an extravagant hope.In the respect of thought about of law,they have different understanding about rule of law,law,value about of law,etc.In the view of of law,they are antagonistic on points about substantial of law and formal of law,positive of law and negative of law,purposed of law and implemental of law,complete of law and halfway of law,having complete trust in of law and having neutral trust in of law,legal position of moralism and legal position of positivism.

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Available abstract

Hayek and Raz have the different conclusions on the issue of the relationship between freedom and of law.The former advocates for building a free and well-ordered society,and thinks that can offer adequate security to freedom,but the latter takes this as an extravagant hope.In the respect of thought about of law,they have different understanding about rule of law,law,value about of law,etc.In the view of of law,they are antagonistic on points about substantial of law and formal of law,positive of law and negative of law,purposed of law and implemental of law,complete of law and halfway of law,having complete trust in of law and having neutral trust in of law,legal position of moralism and legal position of positivism.

Key concepts: Law, Comparative law, Philosophy of law, Public law, Municipal law, Private law, Positive law, Civil law (Civil law)

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