理性与道德:法治文化的二元论

Ration and Morality: Two Elements of Culture of Rule of Law

构成法治文化的重要因素是理性和道德。然而,理性和道德既有联系又互相区别,其中联系表现为理性最初源于对道德的遵循,而区别则表现为理性一旦脱离道德的含义,便会背离法治的道德内核。正是理性与道德之间的相互依存和交替上升的关系勾画了法治产生、发展过程中的文化运行轨迹。

Culture of rule of law includes many factors, which are all around ration and morality. so we can consider the two things as the essential elements. However, ration and morality have both relations and differences between each other. The former is that ration comes from morality, and the latter can be regard as ration will betray morality when it is pure thinking-ration or regulation-ration. Just is the above relationship that composes the cultural features of rule of law.