从宋明理学角度看中国传统法律思想

Discussion on Chinese Traditional Legal Ideology from Philosophy Li in the Song and Ming Dynasty

理学始于宋代,创始人为周敦颐、张载、二程,至南宋朱熹而集大成。理学提出"理"先于天地而存在,主张"即物而穷理"。后期有陆九渊的心学,提出"宇宙便是吾心"的命题。明代,王守仁进一步发展陆九渊的学说,认为"心外无物",主张"致良知"。宋明理学是中国古代社会后期有思想有见识的中国人在思考和解决现实社会问题与文化问题中所得出的哲学智慧,它深深地影响了中国古代社会后半期的社会发展和文明走势。作为思想史上的重要组成部分,理学对我国传统的法律思想也有着不可忽视的影响。

Philosophy Li by Zhou Dun yi,Zhang Zai and Cheng brothers as the founders,began in the Song Dynasty and became integrated and perfected in the period when Zhu Xi was in power in the Southern Song Dynasty.Philosophy Li suggests that ＂Li＂ comes into being before the existence of the universe and claims that ＂all the existences are the appearances of Li＂.Lu Jiu yuan,the follower,explained his Philosophy of Mind that ＂the existence of the universe exists all because of the existence of the mind＂.Wang Shou ren in the Ming Dynasty further developed Lu Jiu yuan＇s doctrine.He proposed that ＂nothing exists beside the mind＂ and ＂everything is with good conscience＂.Philosophy Li is the wisdom of Chinese philosophers in late ancient society,which is formed in their acts of thinking in society and has deeply influenced the social development and culture trend in the later half of ancient Chinese society.As the main component of historical thought,Philosophy Li has also greatly influenced the Chinese traditional legal views.