근대 법치주의에 대한 이해 ― 시민 법치주의 ―

The 'rule of law' necessarily means different things to different people according to their particular moral or political position. It relates to the substance of the relationship between citizens and government, fundamentally, between citizens themselves. The rule of law in the pre-welfare state were shaped by the experience of living in a society which permitted few citizens to vote in parliamentary elections, and in which government performed only a limited number of functions. It opposed the increased government intervention in social and economic affairs. Nowadays government has assumed a significant role in managing economic and social affairs. Government ought to play an extensive role in economic affairs and individuals must accept quite restrictive limits on their autonomy, if the legislature deems such restraints to be in the public interest. The change of the rule of law is due to the substantial change of political sovereignty. In order to understand the contemporary rule of law, we should take the proper concept of the rule of law in the pre-welfare state. this article deals with the concepts of the rule of law in the pre-welfare state. It reveals that the rule of law according to legal positivism cannot represent the rule of law in the pre-welfare state.