Hayek's epistemology is an analytical study in the philosophy of law

Abstract

       This study attempts to evaluate Hayek's philosophy of law through the lens of his epistemological views. The aim of the work is an interpretive reconstruction of the theoretical links between Hayek's epistemology and his philosophy of law. From the researcher's point of view, Hayek's theory of knowledge is the starting point for interpreting Hayek's philosophy of law. He concluded that the problem of the ontological basis of law in Hayekian legal philosophy is determined by Hayek's epistemological and epistemological theory. Hayek approached the question of the nature of law in the same epistemological way: general features of law such as “abstraction,” “passivity,” “case-law style,” etc., are taken to derive from the epistemological nature. Hayek addresses the question of the structure of law and its internal dynamics. In conclusion, the researcher formulates the idea of ​​a comprehensive interpretive reconstruction of Hayek's philosophy of law as a project for "cognitive jurisprudence."

          That is, in order to reveal the relationship existing in Hayek’s interpretive philosophy between his theory of knowledge and his legal philosophy, it is necessary to link, interpret and analyze in order to build that philosophy that combines knowledge and its theories and between law and its philosophy through the set of opinions that Hayek came up with, whether through theory or Through his knowledge in order to build an epistemological, existential and natural basis for law, and these are general features that characterize legal philosophical studies and theories in order to create a developed, dynamic society capable of creating social institutions, and in this way society can create general rules of law that society follows in order to sustain its basic structure that It serves individuals within society to formulate general policy for the relations existing between them, and this is what Hayek wanted in his legal philosophy.