頁籤選單縮合
題 名 | 從「禮衍生法」的觀點論荀子禮法思想的特色=Studying the Characteristics of Hsun Tzu's Li and Fa Thought from the Idea of Law Emerging from Li |
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作 者 | 楊秀宮; | 書刊名 | 東海學報 |
卷 期 | 39:1(文學院) 民87.07 |
頁 次 | 頁87-109 |
分類號 | 121.27 |
關鍵詞 | 荀子; 禮; 法; 類; 刑; Hsun tzu; Li; Fa; Lei; Hsin; |
語 文 | 中文(Chinese) |
中文摘要 | 荀子禮法思想的特色,本文主要採取「禮衍生法」的觀點論述。 荀子視「禮」為 「法」的大分、「類」的綱紀,在法不足用時,則提出因時變遷的救濟論點,即「有法者以法 行,無法者以類舉」的辦法。 由於荀子的禮法思想,建基在地「性惡」說的人性理論上,本文首先概述荀子的人性論,再 究其禮法思想的重點,並對重要概念如「禮」、「法」、「類」、「刑」等加以探討。 除了彰顯禮法的客觀義外,荀子「有治人無治法」的觀點,強調人「治人」先於「治法」重 要性,荀子是看到「人」對於「法」有注張能力的重點,並非不要法。本文最後從荀子「以 禮為綱」的特點,估量其在法治時代的參考價值與限度。 |
英文摘要 | Being based on the idea "Law Emerging from Li", the characteristics of Hsun Tzu's Li and Fa though reveal themselves through the concepts that Li (proper conduct of human existence) is the basis of Fa (law) and the principle of Lei (analogies). These dieas was ways of ruling the situations in which when laws are sufficient, then we rule according to laws, otherwise, then according to practices. Due to the fact that Hsun Tzu's though is based on his idea that men are born bad, this article starts from an analysis of Hsun Tzu's theory of human nature, proceeding to his thought of Li and Fa, paying special attention on the concepts such as Li, Fa, Lei, Hsin (penalty). This article holds a positive attitude towards the contemporary studies on Hsun Tzu's Li and Fa though, but a point remains to be clarified. Differing from many studies, in this article. We put forward the thesis that the relationship between the ideas "the rule of people" and "the rule of law" is not in opposition, but in order. We have evidence to believe that, according to Hsun Tzu, "the rule of people" proceeding "the rule of law" is proposed not because law is less important, but because men are equipped with the capability of judgment. |
本系統中英文摘要資訊取自各篇刊載內容。