论柏拉图与亚里士多德的法治观

柏拉图晚年提出法治国家理论,作为对早期理想国家观念的修正,但柏氏的法治观受其哲学思想的影响,没有脱离人治的窠臼。亚里士多德从不同的人性观和认识论的角度批判了柏拉图的法治思想,提出了良法之治的观点,为现代法治奠定了基础。主要从二者法治观念所预设的认识论和人性论前提之不同,梳理法治理论在二者之间从理念论到经验主义的逻辑过程。

On Rule of Law of Plato and Aristotle

Plato proposed the theory of rule of law in his old age,which was arevision of his early ideal country.But Plato's rule of law was based on his philosophy,and was not separated from rule by man.From different views of epistemology and human nature,Aristotle posed criticized Plato's rule of law and rule of good law,which laid the foundation for the theory of modern rule of law.This paper deals with logic process from idea to empiricism about theory of rule of law put forward by the two great figures from the different premises of epistemology and human nature.