休谟法治思想的阐释及其对法治现代化的启示

Rule of Law and Modernization Under Hume's Perspective

休谟的法治思想以他对人性的阐释为基础,由于人天性的自私性,因而需要设计出正义的法则。休谟的法治思想有两个向度,一是私法之治,以保护私有财产为核心,私法的产生源于私有财产保护的必要性和重要意义;一是公法之治,以规范政府权力为核心,公法的主要意义在于使得私权得到落实,从而维护正义。与霍布斯的法治思想不同,休谟认为,公权力必须得到有效的制约,这也是对霍布斯法治思想的有效完善。作为思想资源的休谟法治观念,在当代,在保护公民财产权的重要性、对共同体的道德资源的保守、制约和规范政府权力等方面有着重要的启发意义。

Hume's thought of rule of law was based on his interpretation of human nature.It is essential to design rules of law owing to selfishness of the mankind.His core idea of rule of law is protecting private property.He argued that the arising of private law stemmed from the necessity of private property protection.His other core idea of rule of law is the regulation of government power.The main significance of the public law lies in the implementation of private rights,so as to maintain justice.Hume's thought of rule of law was different from Hobbes'.Hume holds that public power must be effectively restrained,which is also an effective perfection of Hobbes'thought of rule of law.In the contemporary era,Hume's thought of the rule of law has great significance to protect citizens'property rights,conserve the moral resources of the community and restrict power.