Freedom And The Rule Of Law

For a long time ,some people equal the freedom and rule of law in Medieval England to the freedom and rule of law in modern times。Accordingly,they put more emphasis the effect of the traditional factors on the formation of the freedom and rule of law in England. In fact , they are two deferent kinds of things:in Middle Ages , freedom is the freedom of a kind of "estate" and the rule of law is on the base of " the Godism",it formed in the hierarchy society；in modern times, freedom is based on "individual" and the rule of law is centered on "humanism", it came out of early-modern civil society。The distinction of them refered to the deferent economic basis:The economic basis of the Medieval England was natural economy, and the basis of civil society was currency economy.The civil society is the greenhouse of the individual freedom and the humanism rule of law. The mature form of it is nation-state civil society or modern civil society. The Medieval cities were the embryonic form of the early-modern civil society. The improvement of the currency economic has already been pregnant with the individual freedom and the rule of law. But only these couldn't mean The Medieval cities would become modern civil society directly, it needs to alliance with the right and power of the king. In the history of the west Europe, the first early modern civil society was the England civil society. In early modern, it began the transition from the city civil society to nation-state civil society. In medieval Italian and medieval Germany, the city and the city-state declined, because they couldn't form alliance with the power of kings. In England and France, it accomplished this task. Because the power between king and the city was deferent in this sort of alliance, they become deferent state essentially. In France, king was more powerful than the city , so France became a absolute monarch state ；In England, for the city was powerful enough to form the restriction to the king, it became a nation-state. The essential state form of modern civil society is just nation-state. In early modern, the degree of the currency economic was much higher in England than in other countries. On the basis of land and labor 's turning into currency, it formed currency economic society. The formation of the currency economic society was pregnant with and nurtured the individual freedom. The individual freedom was a kind of economic freedom essentially. The economic freedom would lead to the revolution of the mode of possessed wealth. That is to say, it would lead to the transition of gaining the wealth from basing on political privilege to basing on work and market. By the independent of administration of justice, the England established the rule of law in national economy. It protected the individual economic freedom, made the market become the fundamental way for getting the wealth.In early modern, it was the beginning of the economic transition from the city to the state, as to realize the individual 's freedom was unbelievable without the city in middle ages, without the nation-state, the individual's freedom could't be imagined either. Adopting parliament and the representative system, England accomplished the formation of nation-state, and established constitutional government in politic. Finally, it realized "the reestablishment of the state "(the transition of royal court to nation-state ) and accomplished the division of state and the civil society. So, only when the politic was been discarded out of economic field, that meaned only after the economic field became absolute private sphere, the state could be not the tool of king' s privilege but the social public organization in public sphere. The civil society provade the condition, in which every individual could form social economic union on the basis of his-own interest voluntarily. It added the welfare of human positively vice verse, nation-state was a kind of political organization that man had to establish in order to avoid the vice and disorder in socie...