权利·法律与有限政府——洛克的法治观

Right, Law and Limited Government——John Lock' s Point of the Rule of Law

洛克被称为"自由理论之父",对自由主义诸原则作了最早的理论阐述。在洛克的理路中,法治的根本向度是自由,法治的基础在于个体权利确立,法治所针对的是无限制的专制王权,而它的最终落实,则赖于有限政府(宪政)的建构。

John Lock is known as 'the father of liberty theory'. He is the first to demonstrate the principles of liberalism in academically. According to the Lock' s thought, Liberty is the premise of rule of law. The rule of law bases on the establishment of personal right and aimed at the hardcore arbitrary kingship. Whereas, the effective rule of law depend on the build of limited government (constitutionalism).