论西方法治理论之基础

Theoretical Foundation of the Western Rule of Law

西方的法治产生于近现代,但是法治思想和观念发端于古希腊,经过中世纪长期的酝酿之后逐渐形成和完善。本文对西方法治理论的出发点即基础进行分析和探索,探讨西方的法治理论合理性结构的内在机理。本文认为,西方法治理论建构的基础,即人性的预设,保证了法治理论本身的合理化,西方法治理论的基础为二元:即人性本善和人性本恶。

The western rule of law came into being in modern times, but the thoughts and the idea of the rule of law originated from ancient Greece and were gradually formed and perfected in the Middle Ages. In this thesis the author tries to analyze and investigate the theoretical foundation of the western rule of law. The author tries to study the inherent mechanism of the western theory for rule by law. The thesis holds that the foundation of the western theory of the rule of law, namely the presupposition of the human nature, guarantees the rationality of the theory itself. The foundation is of double nature ： the goodness of the human nature and the evil of the human nature.