哈耶克认为,法治是一种自由秩序,法治之法即自由的法律是真正的法律,这是一项为人们普遍接受的原则,是元法律规则。法治之法的原则要素为:法的一般性与抽象性,法的公知性和确定性及法的平等性。他认为,导致拥有如此属性规则的所有原因和因素不可能为人所知,但我们能够作到的应当是努力去发现和理解其实际的一般性功用和一般性目的。法治所处理的是个体自由与社会秩序的关系问题,二者的进化过程及其相互关系主要受制于不断开放和演进的市场秩序,而不断扩展的市场交换和不断演进的传统秩序又推动了法治化进程。进而言之,“自生自发”的社会秩序在本质上是一自由秩序,这一本质上自由的社会秩序在其进化过程中型构了法治,同时,法治在其型构过程中为其相伴的自发的自由社会秩序提供了必要的制度条件和秩序保障。他认为,人和组织与规则体系在社会互动中相互影响制约,普通法法治秩序就是这样成就的。其法治观为:自由主义的、进化论的普通法法治观,是形式法治与实质法治相结合的模式。 Hayek argues that the rule of law is a free order. The law of the law, that is, the law of freedom, is a real law. This is a universally accepted principle and a legal rule of the Yuan. The principle elements of law of law are: the generality and abstraction of law, the publicity and certainty of law and the equality of law. He believes that all the causes and factors that lead to the rule of being such properties are not yet known, but what we can do should be an effort to discover and understand their actual general and general purposes. The rule of law deals with the issue of the relationship between individual freedom and social order. The evolutionary process and their interdependence between the two are mainly constrained by the ever-opening and evolving market order. The ever-expanding market exchange and the evolving traditional order have also pushed the rule of law Process. Furthermore, the “spontaneous” social order is essentially a free order. The essentially free social order shapes the rule of law in its evolutionary process. At the same time, the rule of law is accompanied by its spontaneous The free social order provides the necessary system conditions and order protection. He believes that people and organizations and the rules of the system interact in the social interaction constraints, common law rule of law order is so accomplished. The view of the rule of law is: Liberalism, evolutionary common law and rule of law is the combination of formal rule of law and substantive rule of law.