仁与礼:孔子的二元规范论

Benevolence and Propriety: Confucius’ Dual Norm Theory

孔子的法哲学可以概括为二元规范论。孔子分述的二元规范分别是仁与礼。仁与礼都是需要遵循的规范。其中,仁是高级规范,相当于自然法;礼是普通规范,相当于实在法。仁是礼的灵魂与价值准则,礼是仁的躯壳与表达方式。仁为体,礼为用,仁与礼共同构成了一个体用系统。作为高级规范的仁与作为普通规范的礼相互依赖、相互协调,代表了孔子安顿人世生活的法理构想。二元规范论是作为思想家的孔子对中国法哲学做出的贡献。

Confucius’ s philosophy of law can be summarized as dual norm theory which can be described as benevolence and propriety respectively. Benevolence and propriety are both norms to be followed. Benevolence as a high standard is equivalent to natural law and propriety as a common norm is equivalent to positive law. Benevolence is the soul and value criterion of propriety, and propriety is the body and expression of benevolence. Benevolence as the body and propriety as the function constitute an individual system. Benevolence, as a high standard, and propriety, as a common standard, depend on and coordinate with each other. Normative dualism is Confucius’ contribution to Chinese philosophy of law as a thinker.