「法の支配」とリベラル・デモクラシー(学校法人京都外国語大学創立60周年記念号)

概要

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The idea of the rule of law has existed before the emergence of modern liberal democracy. In ancient Greece, the rule of law was the idea concerned about the formation of the democratic will of city-state. After ancient Greece, the rule of law worked as the limitation of arbitrary powers of rulers. The criticism of the French revolution and the development of the American democracy played the great part of the growth of the rule of law. E. Burke, authors of The Federalist and A. D. Tocqueville gave stimuli to develop the rule of law. In the 20th century, Ortega y Gasset paid attention to difficulties liberal democracy had. Harold Laski and Hans Kelsen tried to bring the value of the rule of law down. If we want to preserve the rule of law, we must try to prevent injustice rather than to realize justice, and derive the foundations of the rule of law from the social and cultural tradition. Liberal democracy will not prevail unless it forms the moral tradition of the community.
京都外国語大学の論文