王夫之的法治观:以礼法之辨为视角

A Study on Wang Fuzhi's Law Thoughts: Based on the View of Debating between Ritual and Law

礼法之辨是中国古代政治文明的核心话语之一。政治文明中有关礼法关系的讨论,乃学术界的热点话题。王夫之作为明末清初的思想巨擘,学界对其礼法之辨的精彩阐释却多有忽视。以礼法之辨为视角审视王夫之的法治观主要涵盖如下几个层面:"法易简而天下之理得";"刑以佐礼";"守义礼为法而乃以成正而无缺",表现出王夫之在政治哲学方面重礼治轻法治的倾向。

In Ddebating between ritual and law is one of the core of ancient political civilization in ancient China. The discussion on the relationship of ritual and law is the hot topic in academia. Wang Fuzhi was one of the most important philosophers during late Ming dynasty and early Qing dynasty, whose thoughts on debating between ritual and law were always neglected by experts in academia. Wang Fuzhi＇s law thoughts based on the view which debated between ritual and law were as follgws. If ＇the law is simple, the reason is easy to get. The function of the law is auxiliary to ritual. If we look ritual as law, we will get to success. Wang Fuzhi＇s law thoughts showed that he emphasized on ritual, but made light on law.