英国学者莱斯诺夫称,在20世纪把自己的智力用于政治哲学的人中间,迈克尔·奥克肖特(Michael Oakeshott)是最令人着迷、最有特色的思想家之一。如若从法理学的知识关注出发,在笔者看来,奥克肖特的思想魅力尤其表现为其政治哲学脉络中所蕴含的对“法治”(rule of law)概念的独特阐释。什么是法治?作为一项源于西方的理论与实践,有关法治的概念论说纷呈繁杂,却无从产生一个普遍认同的定义。不过,法治乃是个人接受“法的统治”而非受命于他人的专横意志一般为人们所通晓熟悉;有学者则归纳有强调法律道德价值的“实质法治”与强调法律形式特征的“形式法治”两种对立的法治概念。奥克肖特的法治概念明显迥异于以上观点,通过对西方“法治”历史传承的一番理论反省与建构,他提出一有意义的解 British scholar Lesnov said one of the most fascinating and unique thinkers was Michael Oakeshott, a man who used his intelligence in political philosophy in the 20th century. From the point of view of knowledge of jurisprudence, it seems to me that Oakeshott’s charisma lies in particular in his unique interpretation of the concept of “rule of law” in his political philosophy. What is the rule of law? As a theory and practice from the West, the concept of the concept of the rule of law is numerous and complicated, but it is impossible to produce a universally accepted definition. However, the rule of law is generally accepted as being accepted by individuals rather than being dominated by others. Some scholars sum up the “substantive rule of law” emphasizing the legal moral value and the “rule of law Two opposing concepts of the rule of law. Oakeshott’s concept of the rule of law is obviously different from the above point of view. Through some theoretical reflections and constructions on the historical inheritance of ”the rule of law" in the West, he proposes a meaningful solution