梁漱溟法律与文化心理学关系的思想研究

Research on the Ideology of the Relationship between Liang Shu-ming Law and Cultural Psychology

法律与理性的关系、法律与理智的关系是梁漱溟法律与文化心理学关系的重要组成部分。梁漱溟认为,前者主要存在于中国,后者主要存在于西方。在法律与理性的关系上,梁漱溟认为,传统中国的法律是由中国的社会结构决定的,而中国的社会结构是由道德决定的,而道德是由理性决定的。在法律与理智的关系上,主要体现在西方法律的科学化之中。同时,梁漱溟也认为,法律是理性与理智的结合。

The relationship between law and ration as well as the relationship between law and reason are the important parts of the re- lationship between Liang Shu-ming law and cultural psychology. Hang Shu-ming considers that the former mainly exists in China and the latter is mainly found in the West. As for the relationship between law and ration, Liang Shu-ming means that Chinese traditional law is determined by China＇s social structure, China＇s social structure relys on morality, and moral depends on reason. Concerning the relationship between law and reason, Liang Shu-ming thinks that it is mainly reflected in the scientific western law, and at the same time, he believes that the law is a combination of ration and reason.