形上与形下:韩非之法的老子渊源

Metaphysics and Physics: The Pursuit of Lao Tzu's Philosophy about Han Fei's Legal Concept

韩非法律思想的哲学基础是道家的,但其精神却是法家的。在解老以诠法的过程中,韩非论证了法的哲学根基,阐释了法的生成机理、形式特征、运作规律等。同时,韩非解老是为了发挥其法治思想,非真为解老,故而使老子哲学变得更加社会化、法家化。无论是"道"观念的形下学转变,还是"理"概念的提倡,都是韩非以法家精神调和老子哲学的体现。

Han Fei's legal concept is built on the idea of Taoism,but his basis spirit is the legalists. In the process of interpreting Lao Tzu to prove his legal thought,Han Fei demonstrated the philosophical basis of law,and explained the the legal formation mechanism,formal features,and operating rules. At the same time,Han Fei interpreted Lao Tzu to promote his legal concept and not to really want to show his thought,so that Lao Tzu's philosophy was made more socialized and legalized. Whether it was the change of Taoist concept to physics,or the proposition of propriety concept, Han Fei made the spirit of the legalist in accordance with Lao Tzu's philosophy.