Journal of East China Normal University (Philosophy and Social Sciences) ›› 2006, Vol. 38 ›› Issue (1): 46-53.

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A Study on the Third Type of Rule of Law

Yi-ming CUI   

  1. Department of Philosophy, Shanghai University, Shanghai 200444, China
  • Received:2005-10-11 Online:2006-01-30 Published:2006-01-30

Abstract:

There have been three types of rule of law in human history.The first is called"rule by law", which means managing state affairs only by using the law.The second is called"rule of law", which means managing state affairs according to the law.The law is just a basis of administration.In addition, the second has two subtypes.One is based on power, and the other on rights.This kind of rule of law, that is, on rights, means ruling through the law that grants, respects and safeguards rights.The right implies autonomy and freedom.

Key words: rule by law, rule of law, power, right, equality, freedom

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