析罗尔斯自由的法治观

On Rawls' Liberal Thought of Rule by Law

罗尔斯认为,自由是制度所规定的各种权利和义务的总和,所以法治和自由是相互联系的,不能将法律看为争夺权益而制定的产物,而应将它看作是试图实现正义原则而规定的最好方针,具有道德的功能,整个法律和正义的哲学就是以自由观念为核心而建构起来的。概言之,自由的法治观是罗尔斯法治观的主要特点。

Rawls holds that liberty is the sum of right and obligation regulated by system. Therefore, rule by law and liberty are interconnected, and law is the best way to achieve justice because of its moral function. The philosophy of law and justice is constructed on the basis of the concept of liberty. In a word,liberal thought of rule by law is the main trait in Rawls' thought of rule by law.