试论卢梭的立法思想

On Rousseau's Thought of Legislation

法律思想在卢梭的整个思想中占有举足轻重的地位 ,而立法理论又是其中最为重要的组成部分。卢梭认为 ,法律是公意的体现 ,立法是为了实现正义 ,而立法者是来自于人民的非凡人物 ,他们制定法律时应遵循自由与平等的原则。

Rousseau's legal thought takes an decisive position in his whole thought, and his legislation thought is the most important component of it. Rousseau maintains that law is the expression of the public will, the aim of legislation is to realize justice, and legislators are uncommon persons coming from the people. When making law, legislators should abide by the principles of freedom and equality.