Hart has sorted out the basic questions of law philosophy in his book "Concept of Law"。The relationship between the law with the command (or forced)、The relationship between the law and morality and the relationship between the law and the rules are regarded as the three long -lasting problems in the history of the philosophy of law。Of course，Hart's combing is just right in a sense，Especially in terms of the nature of the law and the development of more than 200 years of legal science, this is the case。but，If we place our eyes to a wider field，and pull the time to a longer -term era，A more magnificent and core problem will emerge。This problem not only involves thinking about the nature of the law，and also involves the position and role of law in the entire human public activity，They dominate our general thinking about the law，This is the issue of the relationship between the law and the country。or，If the concept of "country" is a relatively late and modern concept，So this question is concerned about the relationship between law and politics。This is also explained in a sense，Thinking about the legal (that is, the "legal philosophy" in the usual sense) cannot be separated from the relevant political and moral thinking (that is, "political philosophy")。

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From the perspective of the development of the entire French philosophy of the West，Different eras of the relationship between the relationship between the law and the country and the important points will be different。From the perspective of long -term history，Roughly three different modes: the first is a mode with national thinking as the core。In this mode，The law is placed in a relatively secondary position。Here，Although the legislators are also emphasized，Although it also emphasizes the importance of the rule of law for human governance，but，The core is the relationship between the relationship between the country and the good (moral)。We can also call this mode as bet365 best casino games a city -state mode。The second one is the law as the core。State's activities (political activities) or moral activities must be evaluated under the law，You can also call this model "Legalism"。The third focus returns to the country。But the country and the country mentioned in the first mode at this time，Whether it is their connotation，Still they are with other elements -especially the relationship between morality and law，Fundamental changes have taken place。In the city -state mode，The emphasis on national issues lies in moral life，The law is placed in a relative edge position。But in the third mode，The focus of the national problem has shifted to "unity" and "control"，So the problem of sovereignty is highlighted as a core issue，Whether it is the country’s internal order or external order，All around this basic concept。The baptism of the second mode (legalism mode) is experienced，So，The country in the third model has to place the legal issues within the scope they focus on。

This also derived a variety of different thinking modes: First, the state (or national will，or the will of the people who form the will of the country，or the spirit of the nation) as the origin of the law (Early legal empiricalism (Austin and Bianqin)、Historical Law); the other is that the legal order is exceeded and stands above the country (natural law mode);。We also refer to this third model as "Modern State -Legal Model"。Let's further explain these three modes below。

City State Model: The dominant nature of national thinking

In the classical era，In addition to Plato's "Law"，We rarely see the writings that specifically discussed the law，Generally, "On the City State"，Whether it is Aristotle’s Politics，Still Plato's "Ideal Country"。The title is all about the "city -state" research，Research on national forms such as city -state。In their basic thinking about the form of human life，Also the life of thoughtful thinking、Skills and Actions (the core is political activities).。Law is a part of politics，or the skills of being used as a legislature，There is no dedicated study of legal learning，There is no mature concept of legal concepts independent outside the city.，Although you Bet365 lotto review can see the sprouts of natural law at that time -whether it is Antigne in Greek tragedy or the natural justice of Aristotle -but，The general law concept that developed as the order of the universe rather than the order of a specific political body later，It is extremely scarce during this period。

So，City State at this time，or the political concept at this time does not emphasize the rule of law with modern meaning。The main point of modern rule of law lies in restricting state power，That is to use law to restrict the country or the government，This is a basic concept formed in a state of unwillingness to the country。The world of the city -state period，People’s views on politics are a very optimistic attitude，"People are political animals in nature"，Politics is not opposed to people，but to meet people's needs，or to make people get the necessary conditions。So the opposition of the country and law，At that time it was an extremely strange concept。The so -called rule of law，Its focus is not restricted and restrained the country，Is not to make the government a limited government，Instead of using laws, governance can exclude private will and private interruptions，Therefore, the operation of the state or the government can better serve the public good rather than private interests (Private Good。

So，Urban State Mode is a combined mode。Politics has a moral intention in terms of politics，Therefore, it serves moral life，Also includes the law，Use it as a skill or something related，Law is nothing more than a kind of use of human wisdom for justice。From it，We can also see the profound influence of the Greek concept that the Romans later suffered when they were constructed by the word Juris-PRUDENTIA。

　Legalist mode: Ancient Rome and Middle Ages

Out of the city -state mode is starting from the decline of the city -state itself，The Studor School in the Greek period is the first thinker who is committed to getting out of this model。Their political and legal thoughts no longer use city -state as the core of thinking，Instead, the basic operation of the universe and the universe is the core of its thinking。It is also in this sense，People in later generations generally Bet365 lotto review regard them as the earliest pioneer of natural law thinking。The prevalence of the general legal concept and the current status of real politics (the establishment of the empire) form a mutually consistent trend -the process of the concept of city -state to the world -state concept (that is, the concept of the empire) -and continued to dominate the relevant legal of more than 1,000 years later for more than 1,000 years. Basic thinking with politics。

The thought world of the Roman period，While getting rid of the city -state mode，Starting gradually developing various theories related to law，and formed a great Roman law。But the law at this time，Its focus is not in the country and political life，and in citizen life，So，Roman law is fundamentally a private law。On the issue of the relationship between law and the country，The law at this time is relatively indifferent。or look at it from another angle，The importance of national issues in the period of Greek City State is greatly reduced，People no longer take the city -state as the primary concern to discuss political and legal issues，On the contrary，They take the law itself as a special science to study。But the law at this time is still regarded as a technique of politics，Just to the collapse of the empire，Establishment of feudal order，The true legalism model in the true sense begins to prevail。

The legal and political thoughts of the Middle Ages have always been ignored by people，But the recent recent research is more and more truly pointed out，Many things in the modern political and legal world are born in the Middle Ages。Regardless of the agency system、constitutionalism，Still the concept of sovereignty，All these，All originated from the medieval law and political thought。It can even be said，Early modern national concept is a direct resistance to the legalism of the Middle Ages。A typical feature of the medieval legalism is the supremeness of the law，Just as the Carlisle Brothers said in their classic "History of the History of Middle Ages", as saying: "If we don't know that the highest authority in the medieval country is neither the rulers nor the king or the emperor，but law，Then we can't understand the political thoughts of the Middle Ages at all。”

bet365 Play online games The concept of high legality is also revealed in Thomas Aquina's system。His system has been dominated by all relevant laws and discussions since the middle of the Middle Ages，and through Suarez, influenced Grassus，It affects Locke through Richard Hook in the UK。In Aquina's most famous "Theology"，In addition to "On God" article，The most known is his article "The Law"，This chapter becomes the resource of the natural law of nature in the future of the natural law。In the "On Law" article，The law is defined as a reasonable arrangement that is committed to the authority of the community with responsibility for the responsibility of the community。Here，The country and the rulers are placed under the law and imagined，Although the law is promulgated by the authority，But this can only be said to be "promulgated"，It can’t be said to be created，Except God，But God cannot or create laws that do not meet rational。So，The law has its own logic and its own prescribed specified。This pair of legal concepts of later generations，Especially the concept of natural law has a huge impact。But different from modern legal concepts is，The law here is dual -limited，First, it is related to reason，So it must be rational (reasonableness); the second is that it must be committed to public good (Common Good)，That is to say，It has a purpose -oriented direction。These two points have been gradually removed in modern legal concepts，Not being replaced by will (the law is regarded as a product of will)，It is the concept of other purposes for other purpose，Public Goods has gradually lost the importance of originally possessed in people's thinking about political and law。

　Modern "National -Law" mode

The birth of modern countries is a fundamental breakthrough in the fundamental sense，Therefore, the original form it adopted is often an absoluteist country，The core concept it values ​​is often the concept of "sovereign"。This is an inevitable result after the decline of the general legal order。The state is liberated from the restraint of the general law，It advocates its highest nature，It advocates that it has the absolute authority of its own law，Eliminate the constraints of any bet365 Play online games advanced law。Modern countries are on the historical stage in the struggle with the law。It completely reversed the relationship between law and country that popular in the medieval century。The new world order is this upside -down promotion，Here，No longer the law in the core position is the law，but each independent、As a country as the sovereignty and the highest person itself。

but，As such an absolute country，When its power is extended to the maximum range of its nature of its nature，It encountered other power against it，Especially the power of morality。"How to view and restrain such an absolute country" The question of the country's country of absoluteism defeated religion and the legalist model before the breakthrough, it immediately prominent。The process of history has begun another new comprehensive，In the mid -to -late period of the Middle Ages, the concept of constitutionalism and personal rights in the middle and late periods，It is prominent as the most important means of fighting absolute countries and highlights。Liberalism is born from this，The core concept of its core is to emphasize the freedom of personal freedom，Second, use law to restrict state power。So，The relationship between the law and the country has begun a new journey: the constraints of nature and metaphysics are gradually removed in the early days of modern times，The model of the unified natural law prevailed in the Middle Ages also disappears，So as a model dominated by each single country。Then，When the absoluteness of the power against the country，Although they have also resorted to the origin of the natural law，But it is a new era。They are not fighting this country from the unified legal order beyond the country，Instead of setting up a new sovereign from the country -that is, individual and their freedom — to fight against it，Establish a legal order (national law mode)，instead of establishing a legal order (natural law mode)。From this，The history of the philosophy of Law opened a stage of a so -called Rule of Law，Here，The core point of the core is a new legal relationship between law and state that is different from the previous two historical stages。

But，With the advancement of technology，Frequent bet365 live casino games human interaction，The third model with the country and its internal legal order as the core of thinking is also encountering increasingly realistic challenges。When we regard the entire human as a community，One of the behaviors done on one end of the earth can easily affect the other end of the earth，People generally feel the influence between each other，A new awareness of legal power will inevitably be born out。At that time，Thinking of the relationship between the country and the law will also be highlighted again，Some possibilities and profound changes occur。This is likely to be our future key thinking task。

(Author is an associate professor at the School of Law of Tongji University)