对形式正义的追求及其局限-《长安大学学报（社科版）》

文章信息/Info

Author(s):: SONG Kuan-feng; School of Politics and Economics, Shaanxi Normal University, Xian 710119, Shaanxi, China

Keywords:: The perspective of political philosophy was adopted to analyze and interpret the political speech and idea in the book of HAN Feizi. The results show that the idea of HAN Fei is not an ethics theory of amoralism; while the political philosophy thougts in the book is pursuit and defence of formalism in its description of rule of law. However; the rule of law constructed by HAN Fei acquires the stubborn persistence for the law set by monarch; even at the cost of peoples life. The described equality of people in front of the law of monarch and the concept of rule of law based on the equality have great difference with modern rule of law in essence.

摘要:: 为了解读《韩非子》的政治谈论和政治论说，从政治哲学视角进行分析。研究认为，韩非思想并不是一种“非道德主义”的伦理学说，《韩非子》体现出的政治哲学思想是在其“法治”论说中对形式正义的追求和辩护，但韩非所构想的“法治”甚至要求民众用生命的代价换取对人主或国君所立法律的固执坚守，其所有臣民在“人主之法”面前的平等，以及所有臣民在人主面前平等的“以法治国”之理念，与现代法治存在着本质性差异。

Abstract:: The perspective of political philosophy was adopted to analyze and interpret the political speech and idea in the book of HAN Fei-zi. The results show that the idea of HAN Fei is not an ethics theory of amoralism, while the political philosophy thougts in the book is pursuit and defence of formalism in its description of rule of law. However, the rule of law constructed by HAN Fei acquires the stubborn persistence for the law set by monarch, even at the cost of peoples life. The described equality of people in front of the law of monarch and the concept of rule of law based on the equality have great difference with modern rule of law in essence.