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在论及德治和法治间的关系时,时下舆论往往习惯于将德治看作隐匿于威权政体中的话语,是对法治的破坏和扭曲。这种看法来源于人们的文化“前见”和对现代西方法治理论非理性的崇拜。事实上,法治一语并非纯粹的舶来品,德治也不是毫无争议的“地方性话语”。应当通过对比中西法文化背景下法治和德治的关系,以及各自的合法性、正当性证成路径,发掘西方话语体系下法治中的道德含量,发现东方语境中德治所蕴含的法规则意识。以此为基础,研论依法治国与以德治国相结合作为治国的方略,是在接续传统基础上国家治理合法性和正当性的互洽证成。
When discussing the relationship between the rule of virtue and the rule of law, public opinion is nowadays often accustomed to discourse on the rule of morality as a discourse hidden in an authoritarian regime and as a result of the destruction and distortion of the rule of law. This view comes from people’s culture “foresight ” and the irrational worship of the theory of modern western law. In fact, the term “rule of law” is not purely foreign, and “rule by virtue” is not uncontested “local discourse.” We should explore the moral content of the rule of law under western discourse system by comparing the relationship between rule by law and rule of virtue in the context of Chinese and Western cultures and their respective paths of legitimacy and justification and find out the rules of law awareness. On the basis of this, we should study the strategy of governing the country according to law and combining the rule of virtue with the rule of virtue as the strategy of running the country. It is based on the tradition that the legitimacy of legitimacy and justification of state governance should follow the tradition.