梁漱溟法律思想发展脉络研究

Legal thought evolution of LIANG Shu-ming

梁漱溟的法律思想可分为早期、中期、晚期3个阶段。其早期法律思想主要是"中国必用西法";中期法律思想主要是"中国必不能用西法";晚期法律思想主要是"法制与民主的前途必在中国逐步展开"。其早期法律思想是其功利主义思想在法律上的体现;中期法律思想与晚期法律思想则是其现代新儒学思想在法律上的体现,但侧重点不同,中期侧重人的因素,晚期侧重法的因素。

LIANG Shu-ming＇s legal thought can be divided into early, middle and late stage. In his early legal thought, he mainly holds the idea that ＂China will adopt western law＂ ; in his middle legal thought, he thinks that ＂China will not adopt western law＂; in the late legal thought, he points out that ＂the rule by law and democracy will have promising future in China＂. LIANG Shu-ming＇s legal thought in the early stage is the embodiment of the utilitarianism in the law. His legal thoughts in the middle and late stage are the embodiment of contemporary new Confucianism in the law. But the emphasis of the late two stages is different from the early one, the middle one focusing on human factors and the late one on law factors.