法治国家视野下的柏拉图法律观探析与反思

Analysis and Reflection on Platos Legal View from the Perspective of a Country Ruled by Law

通过对柏拉图正义理念的理解,对其国家治理形式由“哲学王之治最优选择”到“法律国家次优选择”的思想转变等法律观内容进行了解构和探析,认为他对正义理念的理解固然有进步和积极的一面,但从本质上说仍然是一种建立在不平等基础之上的形式正义,而他对个人正义与城邦正义关系的理解更是对其形式正义本质的再次暴露。这恰恰与其一直坚持的“哲学王之治”紧密相关,进而直接导致其构建“理想国”的最终美好目标无疾而终;而其晚年治国理念的嬷变却再次在实践和理论上证立了“法治”相对于“人治”的优越性之所在。

s:Through the understanding of Plato's concept of justice,and analysis of the contents of the legal concept such as his transformation of state governance form from"The optimal choice of philosophy-king governance"to"the suboptimal choice of legal state"and so on,it is believed that his understanding of the concept of justic certainly has its progressive and positive side,but essentially it is still a formal justice based on inequality,and his understanding of the relationship between individual justice and city-state justice is the re-exposure of its nature of formal justice.This is precisely closely related to the"the rule of philosophy-king"which has always been adhered to,and then directly leads to the failure of its final good goal of building"Republic";however,the evolution of the concept of governing the country in his later years once again proved the superiority of"rule of law"over"rule of man"in practice and theory.