法治和德治的边界

The Borderline Between Rule by Law and Rule by Moral

按亚里士多德对法治的定义 ,法治必是良法之治。在这个意义上 ,法治即德治。但我们却往往在不同于“法治”的意义上使用“德治”一词 ,这就引出了如何确定它们的边界问题。当前理论争论和道德实践中的种种问题都与两者的边界不清有关。法治和德治的边界体现为三个方面 :法治和德治都是人治 ,但法治是众人之治 ,德治则是精英之治 ;法治和德治都是治国方略 ,但法治是程序之治 ,德治是人情之治 ;法治和德治既治民又治官 ,但法治重在治官 。

According to Aristotle’s definition rule by law must be rule by good laws. In this sense, rule by law must be rule by moral. However, they are different concepts in our ordinary usage. This leads to the question of the borderline between the two, from which arises much of the present debate. Their differences are looked in three aspects: Both rule by law and rule by moral are carried out by person, but the former by many and the latter by a few; both are meant to rule the country, but one is by process and ...