哈耶克的法治思想——立足于经济视角的论述

On Hayek's Thought of Rule of Law: A Perspective of Economics

哈耶克的法治思想与他的经济思想具有密切的联系。哈耶克立足于自由主义立场,主张法治重在维护个体自由,认为法治与计划经济存在着本质上的冲突,因为计划经济会全面消蚀法治。在形式法律与实体法律的二元划分中,哈耶克认同形式法律,认为只有形式法律才是真正的法律,至于实体法律,则是人为的"立法",法治只能依赖形式法律。形式法律保障人们在形式上的平等,只有形式上的平等才是法治的目标。法治在经济上的结果,不是平等,而是不平等。哈耶克的法治思想具有一定的启示意义,但也存在着明显的偏颇,因此应当一分为二地看待。

A close connection exists between Hayek＇ s thought of rule of law and his economic thought. Based on the liberalism market, Hayek argues for rule of law emphasizing the maintenance of individual freedom, advocating a conflict between rule of law and planned economy in essence, for the planned economy leads to the total erosion of rule of law. In the dichotomy between the formal law and substantive law, Hayek approves the former is the real law; as for the latter, it is human making, so rule of law can only rely on the formal law. Formal law guarantees the formal equality of people and only the formal equality is the goal of rule of law. The economic result of rule of law is not equality, but inequality. Hayek＇ s thought of rule of law is enlightening yet biased, therefore it should be viewed dialectically.