公法体系下的“术”——对韩非“术”的重新认识

Shu Under Public Legal System——Further Understanding of Hanfei′s Shu

术是韩非思想的重要组成部分。一直以来,韩非的术常常被认为是国君凭借自己的聪明而实施的阴谋诡计,是国君以私意治国的手段。但事实上,韩非的术并不完全是一般人所认为的阴谋权术,而是有其自身的客观规则和标准。作为术思想主体的刑名术和无为术都体现了这一点。总之,韩非的术是对法的补充,同时也继承了法的基本精神,术的灵魂即是法。

Shu（strategy） is an important part of Hanfei＇s thought. For a long time Hanfei＇s Shu was consid- ered to be a conspiracy practiced by kings with selfish considerations as a way to rule their countries. Actually Hanfei＇s Shu was not a conspiracy, but had its own objective laws and criteria. Xingmingshu （jurisprudential method of penal name） and Wuweishu （inaction concept method）, which were the most important parts of Shu, both reflected this. Shu was a complement of laws, which embodied the basic spirits of laws.