论自由对建立法治国家的价值——对自由与秩序价值冲突的思考

On the Value of Freedom for Establishing Country Governed by Law——Thought of the Conflict between Freedom and Order value

法以自由为目的 ,自由与秩序价值是法律价值冲突的集中表现。自由之于人、之于法治具有重要的意义。自由问题不单纯是个理论问题 ,也是一个有很强实践意义的问题。自由主义把自由价值当作政府的基本方法和政策、社会的组织原则以及社会体制建构的政策取向。对强调一致性、连续性、确定性的秩序观念给个人和法治所可能带来的负面担心绝非多余。在强调依法治国的社会背景下 ,如何定位法的价值对于 2

or: Freedom is the purpose of law. Freedom and order value are the concentration expression of conflict of legal value. It has important meaning for people and the legality. Freedom is not theoretical problem merely. It is also a problem that is of very strong practice meaning. Liberalism takes free value as the basic method of government, the organization principle of society, as well as policy orientation of social system construction. The worry about the negative influence of order idea, emphasizing consistency, continuity and definiteness, will brings to individual and legality. In the society ruled by law, the problem how to position the value of law is undoubted of important meaning for the problem how to establish country governed by law in 21 century.