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自由与民主、平等、公平、正义等总是密切相联系的,而与限制、约束、禁止、专制等永远是相对立的。自由的本意可以从人的意志和行为能达到最充分的体现而得到解释。人的意志和行为在无... 自由与民主、平等、公平、正义等总是密切相联系的,而与限制、约束、禁止、专制等永远是相对立的。自由的本意可以从人的意志和行为能达到最充分的体现而得到解释。人的意志和行为在无限制、无约束、不受制约的状态下得以最大限度的表达与实施,人便是自由的了,但这仅仅是理伦上的推理而已。在人类社会的发展过程中,人们无时无刻不在争取自身意志与行为的自由。当自由与法联系在一起的时候,似乎法的规则便会无情地对自由加以约束。事实上,恰恰相反的是,正是因为法的一系列规则的存在才给了自由以最大的活动空间,法的规则的约束保证了自由的存在与充分行使,而不是对自由本身那怕是丝毫的限制与约束。但同时,自由也决不能绝对化,绝对化的自由是没有任何意义而且非常可怕的,因为,那样就无自由而言,就是绝对的不自由。对自由的限制与约束并不是法的规则对自由本身直接发生作用,而是通过限制与约束原本不是自由的东西而保证真正的自由的实现。可见,所谓自由必然包含正义与公平,否则便不是自由本身的内容。
从上述简单分析便可以得出这样一个结论:自由与法治是不可分离的,法治是自由的前提和保障,自由是法治的表现和产物,无法治就无所谓自由。因此,数千年以来,人类苦苦对自由、民主、平等和正义的追求与争取,实质上就是在追求和争取法治。从一定程度上讲,自由是一种理想,是较为抽象的,而法治却是现实,是具体而生动的。人类通过艰苦的劳动和斗争甚至是流血和牺牲而最终造就的具体而现实的法治天堂,为人类在最大限度的状态下充分享受人间天堂的生活的自由与幸福,提供了实现这种抽象的理想的必要条件,自由在法治的怀抱中得以生存。

那么,为何单单是法治对自由的实现具有这样的魔力而非其它呢?因为,所谓法治就是指一种有良好的法的规则及其法律制度的存在并且这种法能得以正确适用与普遍而自觉地遵守的社会状态。这些法的规则及其制度确保了社会处于一种有序的状态,在有规范与约束的条件下,人的意志与行为便获得自由。人类的任何活动都是在一定的社会状态下进行的,法治条件下的社会状态,由于法的规则及法律制度的健全与权力的合理分配和相互制约,充分保证了人们的行为能够尽可能的在现有规则的规范与约束的范围内进行,因此,在这规则的范围之内,人的意志与行为便是自由的,如果没有这种规则的有效规范与约束,人们的活动就会处于一种毫无秩序的极度混乱状态。在那样的情况下,人与人之间剧烈的无约束的矛盾与冲突时刻消蚀着人的意志与肉体,处处都是可怕的桎梏与枷锁,显然,哪能有自由而言呢?因此可以说,只有法治才是自由得以充分实现的最好保障,除此之外,其他任何形式的社会状态,无论是封建的专制独裁,还是无法无天的空想自由,都不是对自由的保障,而是对自由的扼杀。
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麻洪德
2010-05-26 · TA获得超过831个赞
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Freedom and democracy, equality, fairness, justice is always closely linked, but with restrictions, constraints, prohibit, autocratic, etc. will always be opposed. Free from the intention and behavior of the human will to achieve its fullest expression is explained. The human will and action in the unlimited, unrestricted, unrestrained state to maximize the expression and implementation, people are free, but that is only reasonable inference on the London only. In the course of development of human society, people are constantly fighting for their freedom of will and act. When free time together with the law, it seems that the rules of law will be inexorably bound for freedom. In fact, on the contrary it is precisely because the law only to the existence of a set of rules with the greatest activity of free space, law, rules exist to ensure the free and full exercise of freedom itself, and not even a no limitations and constraints. But while freedom must not be absolute, absolute freedom is meaningless and very scary, because, as the lack of freedom, the freedom is not absolute. Restrictions on freedom is not the law, rules and constraints on freedom itself play a role in directly, but through the limitations and constraints the original stuff is not free but to ensure the realization of true freedom. Can be seen, the so-called freedom must include justice and equity, otherwise the content is not free itself.
From the above analysis we can draw a simple conclusion: freedom and rule of law is inseparable from the rule of law is the premise of freedom and security, freedom of expression and product of the rule of law, not rule on the freedom does not matter. Therefore, for thousands of years, people struggling for freedom, democracy, equality, and the pursuit of justice and fight for, in fact, and for the rule of law in the pursuit. To some extent, freedom is an ideal, is more abstract, and the rule of law is the reality, is concrete and vivid. Humanity through hard work and struggle and even create bloodshed and sacrifice the ultimate rule of law in specific and realistic paradise for mankind in the maximum state of the full enjoyment of earthly paradise of freedom and happiness of life, providing the ideal realization of this abstract the necessary conditions to embrace the rule of law to survive.

So why only the realization of the rule of law on the freedom of the magic with this other does not? Because of the so-called rule of law refers to a kind of good rules of law and legal system exists and the correct application of this method can be widely and consciously observe and social status. The method and system of rules to ensure orderly society in a state of some regulation and restraint conditions, the human will and behavior will be free. Of any human activities are carried out under a certain society, the rule of law and social state under the conditions, due to rules of law and legal system, sound and power of the rational allocation and mutual constraints, the full Bao Zheng Liao people's behavior to Jin Keneng of norms in the existing rules and constraints within the scope, therefore, in these rules within the scope of people's will and acts would free, and if no such rules effective norms and constraints, people's activity will be in There is no order, a kind of extreme chaos. In that case, among people without severe time constraints of the contradictions and conflicts eroded the people's will and body, everything is terrible shackles and chains, obviously, how can I have the freedom to run it? Therefore, that only the full realization of the rule of law is the freedom to be the best protection, in addition, any other form of social status, whether feudal autocratic or lawlessness utopian freedom, not the protection of freedom, while is a free kill.
齐天大圣hjx
2010-05-26 · TA获得超过654个赞
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Freedom and democracy, equality, fairness, justice is always closely linked, but with restrictions, restriction, prohibition, tyranny, etc. will always be opposed. Free from the intention and behavior of the human will to achieve its fullest expression is explained. Human will and behavior in unrestricted, unconstrained, unrestrained state to maximize the expression and implementation, people are free, but that is only reasonable inference on the London only. In the course of development of human society, the people are constantly fighting for the freedom of the will and behavior. When free time together with the law, it seems that the rules of law would be bound inexorably to freedom. In fact, on the contrary it is precisely because the law only to the existence of a set of rules with the greatest activity of free space, law, rules exist to ensure the free and full exercise of freedom itself, and not even a no limitations and constraints. At the same time, freedom must not absolute, absolute freedom is meaningless but very terrible, because as the lack of freedom, the freedom is not absolute. Restrictions on freedom is not the law, rules and constraints on freedom itself play a role in directly, but through the limitations and constraints the original stuff is not free but to ensure the realization of true freedom. Can be seen, the so-called freedom necessarily include justice and equity, otherwise it would not free itself of the content.
From the above analysis we can draw a simple conclusion: freedom and rule of law is inseparable from the rule of law is the premise of freedom and security, freedom of expression and product of the rule of law, not rule on the freedom does not matter. Therefore, several thousand years, mankind struggling for freedom, democracy, equality and the pursuit of justice and fight for, in fact, and for the rule of law in the pursuit. To some extent, freedom is an ideal, is more abstract, and the rule of law is the reality is concrete and vivid. Humanity through hard work and struggle and even create bloodshed and sacrifice the ultimate rule of law in the concrete and realistic paradise for mankind in the maximum state of the full enjoyment of earthly paradise of freedom and happiness of life, provides the ideal realization of this abstract the necessary conditions to embrace the rule of law to survive.

Why just the realization of the rule of law on the freedom of the magic with this other does not? Because of the so-called rule of law refers to a kind of good rules of law and legal system exists and the correct application of this method can be widely and consciously observe and social status. The method and system of rules to ensure orderly society in a state where norms and constraints conditions, the human will and action, it is free. Any human activity are carried out under certain social status, and social state under the rule of law, because the rules of law and the legal system, a sound and rational distribution of power and mutual constraints, fully guarantee people's behavior can be as much as possible the existing norms and rules within the constraints, therefore, within the scope of this rule, the human will and behavior is free, if no such rules to effectively regulate and constraints, people's activities will be in There is no order, a kind of extreme chaos. In that case, severe interpersonal conflict and conflict-free constraint time eroded the people's will and body, everything is terrible shackles and chains, obviously, how can I have the freedom to run it? Therefore, that only the rule of law is the freedom to fully realize the best protection, in addition, any other form of social status, whether feudal autocratic or lawlessness utopian freedom, not the protection of freedom, while is a free kill.
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