中国传统礼法关系的一个新解释——以朱熹“天理民彝”思想为中心的考察

A New Explanation of the Relationship between Ceremony and Law in Chinese Tradition: An Investigation Based on Zhu Xi's Thoughts of “Tian Li MinYi”(天理民彝)

"天理民彝"是程朱理学在讨论中国传统法律思想(礼法)体系时确立的一个元命题。朱熹认为,圣人因"天理"而制定的规则、确立的秩序,皆可谓之"彝"。"民彝"与礼法是"天理"与"节文"的关系。人有"仁义礼智"四端之性,也就相应有"德礼法刑"所赋之理。但人的禀赋各有差别,要平衡四端,必须"变化气质",而对礼法哲学的解释与运用,正是"变化气质"的后天实现方式。总之,"民彝"蕴含于"天理"之中,是中国传统礼法关系的抽象概括,也是朱熹"礼即理""法者,天下之理""法字、礼字,实理字"等法哲学思想的一个总纲领。

"Tian Li MinYi"( 天理民彝) is a philosophical concept proposed by Academic school of neo-Confucianism when discussing the traditional Chinese legal thoughts( Ceremony) system. Zhu Xi believed that both the rules set by the saints in accordance with the natural principles and the social orders thus established could be described as Yi. The relationship between the MinYi and the Ceremony and the relationship between the natural principle and the rule are same. Benevolence,righteousness,etiquette and wisdom are person’s four virtues. Each of them correspondingly made morality,ceremony,law,punishment reasonable. As person’s talents are different,some factors of virtues must be changed to balance the four virtues.Explaining and applying the philosophy of ceremony is one postnatal way to change one ’s virtues. In short,Min Yi is an abstract generalization of the relationship between Ceremony and Law in Chinese Tradition and also is a general program of Zhu Xi’s legal philosophy such asceremony is national principle,law is natural principle of the world,law and Ceremony are natural principles.