Research on Model of Rule by Law of Ecological Order Diadactic Structure: The Reflection Based on Hayek’s Ideology of Social Order
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    Abstract:

    Modern diagnostic paradigm of risk society makes us realize that human society has entered into the high risk,multi-crisis ecological disorder and environmental crisis era. The responsive and refletive ecological order construction would be put on agenda. The traditional construcive model of order with exclusive rationality excessively emphasizes human rationality, and ignores the extended functionality of spontaneous model. Hayek's ideology of social order considers the producing mode is composed of human order and spontaneous order. Because of this, the construction of ecological order should readdress the rationalism constructivism and adhere to the producing mode of diadactic structure. With the ultra mordernity characteristics of ecological order, the social control efficacy of traditional spontaneous binding means such as morality,customs and religion has been weakened gradually. Therefore, it is necessary to play the the basic tools of the role of the legal control, and promote the perfection and development of ecological order with legal system.

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董正爱.生态秩序“二元构造”的法治化模式研究——对哈耶克社会秩序观的反思[J].重庆大学学报社会科学版,2013,19(5):118~125

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  • Online: September 17,2013
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