FRIEDERICH A. VON HAYEK – FILOSOF AL DREPTULUI CU DESCHIDERI UNIVERSALE

FRIEDERICH A. VON HAYEK – FILOSOF AL DREPTULUI CU DESCHIDERI UNIVERSALE

 

FRIEDERICH A. VON HAYEK – A WORLDWIDE OPEN-MINDED PHILOSOPHER OF LAW

 

Marţian IOVAN

Universitatea de Vest „Vasile Goldiş” din Arad

Bd. Revoluţiei, nr. 94-96

miovan@uvvg.ro

 

Abstract

            Friederich A. Von Hayek, a creative and prodigious personality, a Nobel Prize winner for economy, in the 20th century, has left, through his writings, a clear mark not only in the fields of economics, but also those of philosophy, sociology and political theory. In the second half of the last century, his works were known within the specialist communities from all over the continents, implicitly Eastern Europe, which influenced the consolidation of the trust people had in the virtues of the market economy and democracy, despite the unfavourable manifestations which it generated.

            The author of the article points out the contribution of Friederich A. von Hayek to the development of juristic thinking, of law philosophy. In this field, Hayek adopted a prudent attitude regarding man’s capacity to be a creator of law by taking advantage of the perks reason had to offer. All the schools and ideologies from the field of law have limits. In reality, enactment, as politics, evades reason and the will of the people. Generally, culture and juristic knowledge regardless of the stage of law evolution are incomplete and imperfect – fact, which justifies the belief that justice, is a continuous adaptation to the ignorance specific to the stages of development of a society. Therefore Hayek capitalizes the explicative model approved by the economic sciences and the comparative analysis of the market economy functioning and of the state, concluding and supporting the principle of law supremacy.

            Hayek’s work had a strong impact not only on American and British politics during the last 50 years, but also upon the evolution of European institutions, of juristic culture from eastern European countries.

 

Key words: law philosophy, juristic culture, European countries

Cuvinte cheie: filosofia dreptului, cultura juridică, ţări europene

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