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After Niccolò Machiavelli and Thomas Hobbes, “classical political philosophy” changed to “Modern Social Theory”, and a significant sign of this transformation was the appearance of “social contract theory”.1 Especially since the French Revolution, in the political framework of the representative system and democratic consultation, and based on the legitimacy and reality of the model of “struggle for self-preservation”,2 the rule of law shows some progressive “rational” preference: Aristotle’s “political man” of Greek city-states changes into Gaius’s “legal man” of Roman law, and to Locke’s “economic man” who obtained liberty through private property.3 The rule of law has hence become a kind of “technology”. Accompanied by the Enlightenment, this technical rational preference might be referenced as having “the courage to make use of your own intellect”,4 as Immanuel Kant put it.

The contractual status in context of the rule of law in China: from rational regulation to virtue recognition