亚里士多德“法治”概念之“谬误”

Fallacy of Aristotle's Concept of "Rule of Law"

亚里士多德的"法治"概念无疑是经典的并且是影响深远的,但其对于现代法治的正向影响并不是建立在对亚氏法治概念内涵正确理解的基础上,而是建基于现代人对亚氏法治概念的"误解"之上,因为亚氏法治概念本身是在具有法治表象的语词掩盖之下的"德治"。作为对法学理论概念和命题的知识追求,我们必须保持理论逻辑和历史逻辑的内在统一,才有可能将一切本质上有害于法治的思想遗产拒之于外。

Aristotle's concept of'rule of law'is undoubtedly classic and far-reaching,but its positive effect for modern rule of law is not based on the understanding of its essential connotation,but built on its modern understanding through modern people's perspective,because Aristotle's law concept is in essence rule of virtue which is covered by words possessing legal representation.As to the knowledge pursuit of concept and proposition of legal theory,we must keep inherent unification of theoretical logic and historical logic,only in this way can we reject all ideological heritages essentially harmful to rule of law.Above is the basic discussion which ensures that the pursuit of rule of law ideal maintains eternal correct heading.