张君劢“德法合一”论述评

A Comment On Zhang Junmai Idea of "the Integration of Morality and Law"

张君劢的"德法合一"是儒家之德与西方之法的合一,在德与法的关系上,二者并不是地位相同的,德法合一是在德的基础上德与法的合一,德比法更根本,"德法相辅而行"更深层的意义是"德主法辅而行"。张君劢"德法合一"论始终未离儒家道德本位,决定了这种结合仍是停留在道德文化层面,而没有落实为政治法律事实,若将"德法合一"论还原为"内圣外王"之道,我们仍可看到传统儒学在当代社会面临的困境。

The philosophical ontology ＂Integration of morality and nomocracy＂ of Zhang Junmai is the unification of morality in Confucianism and nomocracy in western country. The relation of these two are not equal, morality in fact is more important than nomocracy and serves as the base of the integrating of morality and nomocracy. The deeper meaning of ＂Integration of morality and nomocracy＂ is that ＂morality plays the main role with the assistance of nomocarcy＂. However, the ontology of ＂Integration of morality and nomocracy＂ by Zhang Junmai attaches itself to the Confucian morality all the time. As a result, what they emphasize is only the aspect of theoretical construction without practices in political legislation. But if this ontology is restored to the original state of ＂Being an inner sage so as to rule the outer world＂, there are still many great difficulties for traditional Confucianism in modern society.