从《斐多》看自然法之不朽

The Immortal Natural Law:Interpretation of the Soul of Law in Pedoe

作为对西方文化产生深刻影响的柏拉图对话录,《斐多》历经古今沧桑流变,依然不失现代经典巨著的价值,如果说贝卡利亚之《论犯罪与刑罚》是现代刑事法治的滥觞,那么《斐多》则是整个西方哲理文化包括法治文化的先导。当代中国孜孜追求的法治迥异于传统中华法系之专制法制,更偏重于法律本身,应该制定得良好且法律获得普遍的遵从的正义法治,该种法治的内核即法律的灵魂则是西方文化中的自然法。

As one of Plato＇s analects that has a profound influence upon the Western culture,Pedoe can still be considered as a magnum opus in modern society.If Bekalia＇s On Crime and Punishment is the origin of the modern criminal law,Pedoe can be called the forerunner of the whole Western philosophic and legal culture.The principle of‘rule by law’that China is pursuing currently is completely different from the despotic legal system;the former puts far more emphasis on justice,which means that law in itself should be well made and widely observed.The core of‘rule by law’,i.e.the soul of law is the natural law in the Western culture.