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传统观点认为柏拉图在《理想国》中构建了一个神奇玄妙的乌托邦,强调哲学王统治,轻视所谓法律,这反映出他反民主的“人治”思想;而后期他培养哲学王宣告失败,才转向法律,在《法律篇》中表达对“法治”的诉求。然而,从柏拉图生活的时代背景进行深入分析,他一生都在为古希腊城邦的社会秩序进行思考,都在为民主和法治构建理论基础,并最终期望将这种理论变成制度付诸实践。因而,柏拉图政治法律思想的发展并不是由“人治”到“法治”的转变过程,而是法治思想的自身发展演变过程,其法治思想是建立在其政治哲学和道德哲学基础之上,二者存在一种自始的根本意义上的一致性。
The traditional view holds that Plato built a mysterious and mysterious Utopia in the “Republic of China”, emphasizing the rule of the philosopher-king and despising the so-called law, which reflects his anti-democratic “rule of man” thought. Later, when he proclaimed the king of philosophy failed, Only turned to the law, in the “law” in the expression of “rule of law ” appeal. However, based on an in-depth analysis of the background of Plato’s life, he has been thinking about the social order of the ancient Greek city-states throughout his life. Both are building theoretical foundations for democracy and the rule of law and eventually expect to put this theory into practice. Therefore, the development of Plato’s political and legal thoughts is not the process of transformation from “rule of man” to “rule of law”, but rather the development and evolution of the rule of law itself. The idea of rule of law is based on its political philosophy and moral philosophy On the one hand, there is a fundamental agreement of consistency between the two.