先秦黄老之学“道法”思想刍议

On the thought of "Taoism-Law" about "Huang Lao" doctrine during Pre-Qin period

将"道法"思想置于国家法度建设的理论框架下,认为:黄老之学"道生法"以哲学逻辑生成的方式援法入道,通过道兼礼、法确定形名法度,并主张"道在法上"无为的法治。道法思想对汉代社会王霸杂之的治理模式产生重要影响。

The thought of “Taoism - Law” was put under the theoretical frame of buihing up national legal system. It was considered that the thought which Tao creates Law of ＂Huang Lao＂ doctrine advocating a comprehensive use of Taoism and Law, brought Law to Taosim in a logically -created way. Moreover, the latter thought also established a system of ＂Physical - Nomial＂ and Law by way of using Taoism to assimilate Ritual and Law, which maintained a rule by Law based on a principle that Tao was superior to Law. The thought of＂Taoism -law＇had an important influence on the governing pattern combining Law with Confucianism in Han dynasty.