Hayek’s treatment of legal positivism

Friedrich Hayek devoted the later part of his career to investigating legal rules required for existence a free society. The subject this paper is Hayek’s treatment positivism, which he thought was most important intellectual movement responsible decline liberal institutions in Europe early twentieth century. As shown paper, critique consists two separate arguments: that positivism destroys rule law and it amounts constructivism. first claim rests on assumption “true” laws comply with principle, although meaning adjective true ambiguous. second holds only particular variant positivism. In addition discussing these issues, provides an assessment own evolutionary theory law, intended as alternative both natural theory.