法治主义及其对立面:梁启超对法家思想的界分

发布时间：2018-03-26 09:38

本文选题：梁启超　切入点：法治主义　出处：《社会科学战线》2016年01期

【摘要】：先秦法家与现代法治的关系,是一个历久弥新的学术思想主题。按照梁启超的界分,在先秦法家思想中,既包含了法治主义,同时也包含了作为法治对立面的术治主义与势治主义。因此,先秦法家思想是法治主义及其对立面的混合物。而且,法家思想中的法治主义优越于术治主义与势治主义。法家的法治主义虽然是一种积极的思想观念,但较之于儒家的仁治主义,依然还有很大的局限性。梁启超对于法家思想的界分及其比较,既对西方世界产生了一定的影响,同时也是以西方思想作为参照来观察法家思想的产物。梁启超关于法家思想的界分,尤其是对法家思想中的法治主义的彰显,展示了东方与西方之间的纠缠,以及物质与精神之间的权衡,因而具有强烈的、值得解读的思想史意义。
[Abstract]:The relationship between the Legalists of the Pre-Qin Dynasty and the modern rule of law is an enduring subject of academic thought. According to the division of Liang Qichao, the ideology of the Legalists in the Pre-Qin period included the doctrine of rule of law. At the same time, it also includes the doctrine of rule of law and the doctrine of ruling by power as the opposite of the rule of law. Therefore, the thought of legalism in the Pre-Qin Dynasty is a mixture of the doctrine of rule of law and its opposites. The rule of law in the thought of legalism is superior to the doctrine of rule of art and the doctrine of ruling by power. Although the doctrine of rule of law is a positive idea, it is compared with the Confucian doctrine of benevolence. There are still a lot of limitations. Liang Qichao has had a certain impact on the western world in terms of the division and comparison of Legalist thinking. At the same time, it is also the product of observing the Legalist thought with the western thought as a reference. Liang Qichao's demarcation of the Legalist thought, especially the manifestation of legalism in the Legalist thought, shows the entanglement between the East and the West. And the balance between material and spirit, thus has a strong, worthy of interpretation of the history of thought.
【作者单位】：首都经济贸易大学法学院;
【分类号】：D909.2

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