秩序法哲学萌芽自格老秀斯,形成于普芬道夫,它的核心理想是要塑造一种法理共同体。法理共同体超越了政治共同体的权力至上理论,改为强调法律的支配地位;弥合了传统政治体中统治者和被统治者的二元对立,强调法权结构的平等。秩序法哲学试图通过法则和权利给政治秩序施加规范性约束,从而实现社会和平、合作和团结。 Order philosophy of law emerged from the old Tulus, formed in Pu Fenduo Fu, its core ideal is to create a legal community. The legal community transcends the power supremacy theory of the political community and emphasizes the dominance of the law. It bridges the binary opposition between the rulers and the ruled in the traditional political body and emphasizes the equality of the legal rights structure. Order philosophy of law tries to impose normative constraints on the political order through laws and rights so as to achieve social peace, cooperation and unity.