反对形式法治

法治表达了法律自身的理想状态。在该状态下，法律能够成功指引接受其统治之人的行动，而合理的法治观所包含的法治原则，应当确保法律实现这种理想状态。实现这种状态则必须调和法律所施加的义务性要求中，公共性与第二人称性之间的内在张力。形式法治中所包含的法治原则，只限制了法律形式和渊源，而不限制法律实质内容。这导致它并不能成功调和这一张力，因此它是一种失败的法治观。合理的法治观念必然是一种同时限制法律形式和实质的实质法治观。
The rule of law means an ideal status of the legal system. In that status, legal system can give a normative guidance to the subject. A reasonable conception of the rule of law should contain some principles, which can guarantee that the status comes true in the legal system. In order to get into the status, the conception of the rule of law should resolve the tension between the property of publicity and of second-person which are in the requirements of legal obligations imposed by law. The formal conception of law can only restrict the forms and sources of law. It cannot restrict the substance of law. So it cannot reconcile the tension, and this fact shows that the formal conception of the rule of law is failed. A reasonable conception should be a substantive conception of the rule of law, which can restrict the form and substance of law in the same time.