论立法的合理理性

On Due Rationality of Legislation

法律理性化是西方法律文明从古希腊以来一以贯之的传统。通过对法律理性概念的分析,剔除了其中的形而上的部分,并建立起合理理性的概念。继而阐述了合理理性在立法中的重要作用,指出立法所应遵循的原则。

The rationalization of law is a constant tradition of Western law civilization since ancient Greece. This article analyzes the concept of rationality, and eradicates the metaphysical part of it. It also put forward the concept of Due Rationality. This article also contains the important function of due rationality in the process of legislation. Then points out the principles it depends on.