A Comparative Study of the Legal Thought of Locke and Rousseau
|School||Yunnan University of Finance|
|Keywords||Contract Theory Government Theory Locke Roussea Comparative Study|
Both the rule of law is a kind of relative to the governing theory and governing strategy. It with law supremacy, everyone is equal before the law, such as the separation of powers and checks and balances, and their core is the exercise of state power must be in accordance with the legal system and operation of the constraints and guidelines. Rule of law, ancient and modern jurists thought is a deepening of the themes and enduring ideas. Before the West, ancient Greece and Roman times, thinkers have been exploring the rule of law issues, such as Socrates, Plato and Aristotelian. Aristotle’s Rule of Law mentoring three, reflecting the early human exploration rule of law and the concept of the pace of the pursuit of justice. It is not only because of the limitations of history as a leading ideological banner. But the modern sense of the legal thought and theory, it is accompanied by the emergence and development of the bourgeois revolution, and to mark the birth of the bourgeois constitution, is to truly become a class struggle program, ideas and a spirit of the times proposed. The bourgeoisie for its own existence and development, we must break the fetters of theology and the overthrow of the feudal autocratic dry oppression, and to reproduce the dawn of mankind.Locke’s and Rousseau’s thought the rule of law is the development of the bourgeois revolution and a typical representative of heritage, not to bypass the rule of law key figure in the history of thought. Thoughts on the elaboration of both the rule of law focus on Locke’s "Treatises of Government" and Rousseau’s "Social Contract". The former integrated Law Schools of thought by presenting the views of contract. Government’s decentralization and other claims, set off later after the first break of the new legislation discussed the constitutional proposition. The latter is the founder of social public will put forward the social contract and other valuable thinking and thinking about the rule of law, which is the most remarkable achievement. Although they lived in two centuries in different countries with academic thought and political ideology in slightly different, the two thought the rule of law, and the starting point and understanding of methods of things still have things in common. They are based on natural law, natural state and on the basis of natural rights and social history of the world. But because of the historical period and the country where the context is different, the government for the contract theory of cognitive thoughts and opinions of the entry points are different.Contract of Locke’s natural state around the person’s natural rights, on this basis, the use of Theory' dissertation">Contract Theory, setting a contract between the Government and people, so that people on the separation of government power to protect the rights of freedom and equality; Rousseau Although the contract with the view of Locke, is to establish a state of nature, but Rousseau’s thought is the general will of everyone to equality established between the Community, in order to protect civil rights. Since both the rights of the natural state for all or part of the different claims, which triggered thoughts about the contract is different, although the role of contract theory are established between the people and national governments, but reflects the thinking of contract understand and apply the idea behind the differences.Naturally, because of different understanding of contract theory, implement the rule of law by the contract theory choice is also different. Locke’s decentralization theory, focusing on the concept of establishing the supremacy of legislative power, judicial power and executive power by the auxiliary maintenance of bourgeois rule. Rousseau also believes that the power of legislative power as the core structure is reasonable. He was opposed to Locke’s separation of powers, that the legislative purpose is to ensure that the use of popular sovereignty and equality and freedom. Tremendous contrast between the two ideas of the western political system of government social profound impact on the construction, study the reasons for the differences, one is standing on the perspective of maintaining the bourgeois aristocracy, and another is called the perspective of the lower classes standing civil rights. The rule of law by comparing their ideas, whether it is thought to form contract, or the use government theory, reflects the progress of the times and historical limitations. This later form of government the rule of law and the choice of the modern state has certain reference value and choice.Article aims to provide the content from the start thought the rule of law, ideology and government contracts theory to explore the origin and comparative analysis of both thought and the government in contract theory point of view. Exploring the similarities and differences between the two, and drawn from a different perspective on their thoughts in the impact of the rule of law later. Back two to three hundred years ago, when the bourgeois revolution in Europe, it is to clarify the concept of the rule of law context and to learn the essence of the rule of law. Locke and Rousseau in the contract and the government thought the same and different theories, reflection secular rule of law in China and to learn the value of and reflection. Contemporary Chinese society, the maturing of the legal system, still needs the existence of the rule of law and values. So to be on the "rule of law in Locke and Rousseau Comparative Study of Thought" in the title.The innovation of this paper is to discuss from a comparative analysis between the two governments on the contract theory of ideas and different perspectives and to see hundreds of years ago. Britain and France in the European legal thought of the confrontation between the two countries. Confrontation and integration, a consistent adherence to democratic principles and liberal values is to absorb the reflect on Chinese rule of law ,the construction of rule of law earthly with harmonious society .