论罗马法复兴对近代西方法治理念的奠定

Humanistic Spirit and The Western Rule of Law Tradition

罗马法的复兴运动打破了西方中世纪法律思想的沉寂 ,使神学垄断下的欧洲再一次激起了对古典法律及其观念的探索 ,为西方近代法治思想的孕育奠定了基础。

The principle of “rule by law” (either its value or system)in the western originates from people's recognition and concern for the meaning of existence and its value. The rational seeking in western humanistic spirit lays a ideological foundation for the modern theory of “rule by law”; the deep concern for the people in humanistic spirit arouses people's belief in law; and the internal freedom and equality in humanistic spirit lock up the value tendency of western idea of “ruling by law”.