汉语法学论纲——关于中国文明法律智慧的知识学、价值论和风格美学
发布时间：2018-12-16 14:23
【摘要】：汉语法学经历了子学时代、经学时代和新学时代三大时期。其规范体系表现为中华法系,其意义体系凝聚为汉语法学。二者合一,照拂的是这个叫做华夏中国的家国天下,而构成生活世界、规范世界和意义世界的完整统一体。其中,晚近西学东渐的一个半世纪,是汉语法学的第三期,也就是现代中国的法意体系的创世纪。总体而言,其文明品格和内在义理,于折中损益中脱胎换骨,却一脉沿承,不绝如缕。其之所思所虑,不脱家国天下大框架,而悉以汉语作为表意工具,构成浩浩荡荡、源远流长之汉语法意表意体系。古典中国的法意精神,诸如奉天敬德的正义法精神、追求实质公正的实用理性、崇古法圣的历史主义气质、推究于名实之际的逻辑思维和刑名律学的修辞艺术,它们辗转推陈,经由现代洗礼,表见为洞悉人性本恶与期待人性善好的心性论、通情达理的法律理性、"天理人情国法"三位一体的运思方式和解释框架、"三维四理"的心性配置、寓俗常与超越于一体的价值伸论方式、家国天下的政治意识、世界蓝图和文明憧憬,以及汉语思维及其风格美学。在文化社会学和知识政治学的意义上,描述、想象和建构这一法意形态,以申说中国文明的法理愿景,既是本文的理论动机,也就是它的文化理想,同时,也构成了它的政治抱负。其以中国文化为深远背景,理述其源流,揭橥其命意,展示其学理内涵与文明品格,分析其条件、特征与基本进路,特别着意于奠立在现代中国文明基础之上的政道与治道的法理表达,着力提炼和运用汉语思维及其表达方式。经此作业,系统展示这一法律文明的思想形式、理论体系、知识体系和风格美学。
[Abstract]:Chinese law has experienced three major periods: sublearning, Confucian classics and new learning. Its normative system is characterized by Chinese legal system, and its meaning system is condensed into Chinese jurisprudence. The unity of the two is the whole world called China, which forms the world of life, the world of norms and the world of meaning. The last century and a half of western learning is the third issue of Chinese law, which is the creation of modern Chinese legal-meaning system. Overall, its civilized character and internal justice, in the eclectic gains and losses, but a pulse along the line, endless. His thoughts and thoughts, not from the great framework of the country and the world, but from Chinese as a tool of ideographic meaning, constitute a vast and long-standing legal meaning system of Chinese. The spirit of law and meaning in classical China, such as the spirit of justice and law in Fengtian respect for virtue, the practical rationality in pursuit of substantive justice, the historicist temperament of worship of ancient law, the logical thinking at the time of name and the rhetorical art of law of punishment and nomenclature, have been pushed back and forth. Through modern baptism, it is apparent that we can have insight into the heart-nature theory of human nature, the rational legal reason, the trinity of "the law of God, human relations and the law of human relations" and the frame of interpretation, and the mental disposition of the "three dimensional four principles". The theory of value, the political consciousness of home and country, the blueprint of the world and the vision of civilization, as well as the Chinese thinking and its style aesthetics. In the sense of cultural sociology and knowledge politics, describing, imagining and constructing this legal meaning form, in order to express the legal vision of Chinese civilization, is not only the theoretical motive of this article, but also its cultural ideal, at the same time, It also constitutes its political ambition. With the Chinese culture as its profound background, it states its origin, reveals its destiny, displays its theoretical connotation and civilized character, and analyzes its conditions, characteristics and basic path. In particular, it focuses on the legal expression of political and governance principles, which is based on modern Chinese civilization, and focuses on refining and using Chinese thinking and ways of expression. Through this operation, this paper systematically demonstrates the ideological form, theoretical system, knowledge system and stylistic aesthetics of this legal civilization.
【作者单位】： 清华大学法学院;
【分类号】：D90-055
[Abstract]:Chinese law has experienced three major periods: sublearning, Confucian classics and new learning. Its normative system is characterized by Chinese legal system, and its meaning system is condensed into Chinese jurisprudence. The unity of the two is the whole world called China, which forms the world of life, the world of norms and the world of meaning. The last century and a half of western learning is the third issue of Chinese law, which is the creation of modern Chinese legal-meaning system. Overall, its civilized character and internal justice, in the eclectic gains and losses, but a pulse along the line, endless. His thoughts and thoughts, not from the great framework of the country and the world, but from Chinese as a tool of ideographic meaning, constitute a vast and long-standing legal meaning system of Chinese. The spirit of law and meaning in classical China, such as the spirit of justice and law in Fengtian respect for virtue, the practical rationality in pursuit of substantive justice, the historicist temperament of worship of ancient law, the logical thinking at the time of name and the rhetorical art of law of punishment and nomenclature, have been pushed back and forth. Through modern baptism, it is apparent that we can have insight into the heart-nature theory of human nature, the rational legal reason, the trinity of "the law of God, human relations and the law of human relations" and the frame of interpretation, and the mental disposition of the "three dimensional four principles". The theory of value, the political consciousness of home and country, the blueprint of the world and the vision of civilization, as well as the Chinese thinking and its style aesthetics. In the sense of cultural sociology and knowledge politics, describing, imagining and constructing this legal meaning form, in order to express the legal vision of Chinese civilization, is not only the theoretical motive of this article, but also its cultural ideal, at the same time, It also constitutes its political ambition. With the Chinese culture as its profound background, it states its origin, reveals its destiny, displays its theoretical connotation and civilized character, and analyzes its conditions, characteristics and basic path. In particular, it focuses on the legal expression of political and governance principles, which is based on modern Chinese civilization, and focuses on refining and using Chinese thinking and ways of expression. Through this operation, this paper systematically demonstrates the ideological form, theoretical system, knowledge system and stylistic aesthetics of this legal civilization.
【作者单位】： 清华大学法学院;
【分类号】：D90-055
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