理性论与法治观——从柏拉图到哈贝马斯

合理性可谓法治的元理论,法治观直接导源于理性论。柏拉图在区分现象世界与理念世界的基础上,将其法治观建筑在理念世界的殿堂之上。亚里士多德则从经验世界中论证原因,对原因的论证构成了亚里士多德论证法治的五个基本内容。康德以实践理性的绝对命题来构筑其形而上学的法治观。韦伯区分了形式合理性与实质合理性,并将其形式法治观建立在形式合理性的大厦之上。哈贝马斯在交往理性理论的基础上,构建了其程序主义的法律范式。

The Theory of Rationality and viewpoint of rule of law --from Plato to Habermas

Rationality is always regarded as the original theory of the rule of law.It is true that the viewpoint of the rule of law is directly from rationality.Plato distinguished the phenomenal world and the ideal world,on the basis of which he established his viewpoint of the rule of law.Aristotle demonstrated causes from the view of the experience world,which constitutes five basic aspects of rule of law.Kant developed his metaphysical viewpoint of rule of law with his practical rationality.Weber distinguished formal rationality and essential rationality,whose formal law comes from formal rationality directly.Habermas constructed his law pattern of procedure creed on the basis of intercourse rationality.