论西方法治的观念基础

Foundation in thought about western rule by law

西方法治作为一种强势文化一直倍受关注,然而,究其原因却意见纷呈。西方法治的深层根源虽然在于西欧中世纪国家和社会之间的独特社会架构——“市民社会”,但是,市民社会又是个文化范畴,它必然要受到一些“历史观念”的影响,如法律至上、自然法、人性恶、所有权等,而这些恰恰又是西方法治产生的观念基础。

There comes much attention and various opinions on history source of western rule by law as a prior culture. The paper says deep history source of western rule by law lies in the separation of country with society —“civil society”. However, civil society must be affected by some history concepts owing to the character of its culture. These concepts include supreme of law, nature law, evil nature of human, ownership and so on, which form the base of western rule by law in thought.