法治的道德内涵

The Moral Connotation of "Rule By Law"

法治作为社会理想出现在亚里斯多德的《政治学》之后,开始了漫长的历史过程。历代的思想家、法学家都在不停地探索,也形成了不同的流派。法治无论从历史来看,还是从逻辑来看,都是立法、司法、守法的统一体,而每一环节都蕴涵着深刻的道德内涵,道德是立法的基础,道德是司法的保障,道德是守法的制约。

After 'rule by law' appeared in Aristotle's Political Science as the ideal of the society, it began its long history. Thinkers and jurists of every generation kept on probing it and different schools had been formed. Historically and logically, rule by law is the combination of lawmaking、judicature and law - abiding. Every link of rule by law embodies profound moral connotation. Morality is the basis of law - making, the guarantee of judicature and the restriction of law - abiding.