法律的内在价值与法治

Intrinsic Value of Law and Rule of Law

"法治"(Rule of Law)无疑是最具吸引力的政治理想之一,但它同时也是最具争议的政治和法律概念。法治的吸引力和法治的概念问题应当同步解决,因此必须仔细考虑"法律的价值为何"的问题。由于价值存在着内在价值与外在价值之分,因此强调法治的吸引力,必须将法治与内在价值的概念联系起来。同时,由于内在价值可以被划分为固有的内在价值与构成性的内在价值,并且后一种内在价值才是法治的基础,因此一种形式主义的法治主张必然应运而生。

Rule of law is undoubtedly the most attractive one of political ideal, but it is also the most con- troversial political and legal concept. The attraction and the concept of the rule of law should be synchronized to solve, therefore must be carefully considered what the value is. Because, there are the intrinsic value and the external value, we must link the rule of law with the intrinsic value： At the same time, due to the intrinsic value can be divided into inherent intrinsic value and constitutive intrinsic value, and the latter is the foundation of rule of law, so the formal concept of the rule of law is be proved.