法者因天理:宋明理学义理法再论

Law in Conformity to Reason:Re-study of Neo-Confucianism's Yili Philosophy in the Song and Ming Dynasties

中国传统社会法律属性的演变可以归结为两个阶段,一是从先秦到汉唐的伦理法阶段,二是从宋到清的义理法阶段。宋明理学实现了由伦理法律化到法律义理化的转变,其义理法属性突出体现在"法者因天理","国法"具有依靠、源于、支撑维护以及因袭顺应"天理"等含义,强调了"天理、国法、人情"三位一体的现实理性追求。

The legal attribute of Chinese ancient society can come down to two stages： the stage of ethical philosophy from pre-Qin dynasty and the stage of justice-reason philosophy from Song dynasty to Qing dynasty. Neo-Confucianism in Song and Ming dynasties actually transformed from ethical legalization to justice-reason philosophy, whose attribute mainly manifests it- self in the following factors that ＂law should be in conformity to reason＂, and ＂national law＂ should rely on, originate in, sup- port, follow and comply with ＂reason＂, which emphasizes a realistic and reasonable pursuit of the integration of ＂reason, na- tional law, and human relationship＂.