西方法治的文化成因

The Cultural Genesis of Western Rule of Law

文明源头"原始法治"的思想基因、宗教限制王权的权力制约传统、市民社会对政治国家权力的制约、理性文化对法律思维的铸造、法学的诞生以及西方思想家对法治观念的系统化总结和发展性阐释等多元文化因素,共同塑造了西方法治。"教权与王权"、"社会与国家"等权力分立观,构成了西方法治发展的内在文化主线。西方法治发展并非一帆风顺,而是在长期的法治实践中逐步成长、并通过不断吸取教训并自我矫正、日益完善的。

The rule of law, shaped by multiple cultural factors, formed in west slowly and gradually. It＇ s developmem prorooted by the thought of ＂primitive rule of law＂ in Axial Age, the religious tradition of shrink of monarchical power, the restraint of state power by civil society, legal thinking shaped by rational culture ,the origin of jurisprudence and systematic summary and interpretation of idea of rule of law by western thinkers. Dualism of power, modeled by the idea of ＂Magisterium and kingship＂, ＂Civil society and political state ＂constituted the inner axis of western rule of law. However,the rule of law didn＇t go in west smoothly, but grew into perfection gradually in long -term practices and self-corrected constantly by learning lessons.