“人性恶”与法治——一个形而上学的视角

本文以形而上学的视角 ,探讨了对人性的不同判断可能与政治实践之间的关系 ,尤其是“人性恶”的理论前置与近代西方法治文明之间的关系 ,并且指出 ,我国的法治前景能否可瞻可欲 ,关键在于能否以历史为鉴 ,以先进为师 ,充分认识人性之恶 ,在制度安排 ,首先是政治架构的安排上以防恶为首要。

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The paper in a metaphysical way discusses the different judgment, which is likely to have the relation with the political practice, especially the relation between the theory of "the sin of human nature" and rule of law as the modern western civilization. And it also tells us that whether the key to rule of law comes true completely depending on our studying the history as a mirror, and following the advanced as an example. So, we ought to plan the political system in the case of guard against "the sin of human nature" firstly.