从“以法治国”到“道德自律”——法家的发生逻辑与理解方法

From "Lawfully" to "Moral Self- Discipline" ——Legalists' Genesic Logic and Understanding Method

法家是先秦诸子中对法律最为重视的一派。法家认为,未来的社会制度有两种相互联接、特征各异的实现形式。一是法治秩序的最低实现形式,即"以法治国",那时,法是国家治理社会的一种特殊规则,法律替代道德,法律规范社会认知、社会情感和社会风俗。二是法治秩序的高级实现形式,即"道德自律",那时,法律规则在社会生活中逐步转变为人们不加思考的个体习惯,成为人们的自觉行为。法家的法治理论具有特殊的存在价值,其局限与不足也是十分明显的。

Legalism is one school paying much attention to the law in the pre - qin scholars. Legalism be- lieves that the future social system have two kinds of the realization connected with each other, possessing dif- ferent characteristics. The first is the lowest implementing form of the law order, namely ＂ Lawfully＂. At that time, the law was a kind of special rules for a country to govern the society,which could take the place of mor- als, regulate the social cognition, social emotion and social customs. The second is the advanced executing form of law order, namely ＂Moral Self- Discipline＂ ,at that time, the rule of law in the social life gradually turned into the thinking habits of individuals, became the conscious action of people. Legalist theory of the rule of law has special value, but its limitations and deficiencies are very obvious.