章太炎对法家与法治思想的现代阐释

Zhang Taiyan's Modern Interpretation of Legalist School and Legal Thoughts

晚清以来,面对国内外社会政治发展态势,章太炎率先擎起法家的大旗,开启现代法家研究之先声。章太炎对法家历史的祛魅为研究法家思想提供了契机,在还原法家历史时,他重新廓清法家学派与法家思想的概念及其联系,并融合儒、法思想以重建法家的价值体系。面对西方文化与政治制度的冲击,章太炎主张从传统思想文化中汲取养分,强调因循传统和习俗来制定法律,镜鉴西方法治思想以熔铸中国的法治精神,并通过法家“著述定律”、法吏“听事任职”实践这一法治理想。虽然章太炎的法治建国思想含有颇多理想化成分,但他在法律准则的制定、法学学科的设置、法吏建设等方面的理念为现代法治建设提供了新的思考,他所倡导的法治精神也直接推动了现代法学研究的新探索。

Since the late Qing dynasty,in the face of domestic and foreign socio-political developments,Zhang Taiyan took the lead in raising the banner of Legalist School,opening the way for the study of modern Legalism.Zhang Taiyan's disenchantment to the history of Legalist School provided an opportunity for the study of legalist thoughts.In the restoring the history of Legalist School,Zhang Taiyan redefined the concepts as well as the connections between the Legalist School and legal thoughts,and rebuild the value system of Legalist School by integrating Confucianism and Legalist School.In the face of the impact of Western culture and political system,Zhang Taiyan advocated to draw nourishment from traditional thought and culture,emphasizing Chinese traditions and customs in making laws,and mirroring the Western idea of the ruling of law to cast the spirit of legalism in China,and to practice this legal ideal through legalists'"making laws"and legal officials'"serving as subordinates".Although Zhang Taiyan's idea of building a nation based on the ruling of law contains quite a lot of idealized elements,his concepts in the formulation of legal norms,the establishment of the discipline of jurisprudence,and the construction of jurists provide new thinking for the construction of the modern ruling of law,and the spirit of the ruling of law he advocated have directly promoted new explorations in the study of modern jurisprudence.