“法”与“道"——韩非政治法律思想源流辨析

"The School of Legalists" and "The School of Taoists" : On the Source of Han Fei' s Thought on Politics and Law

韩非、法家的思想与道家之间的关系,历来受到学人的关注。本文的观点是:韩非及法家思想以道家学说为源流,这除了道家的“无为”适宜于宗法制集权统治外,更在于“道”等概念满足了法、国家权力运作等的形式普遍性需求。

Many scholars in China have been interested in the relationship between Han Fei, Legalists and Taoism. The central idea of this article can be described as follows: the reason why Han Fei and the School of Legalists adopted Taoism as the source of their thought is that the theory of Nothingness and Inaction from Lao Zi satisfied Han Fei' s requirement for patriarchal rule, legal - form equality and state power execution.