博文而有耻:顾炎武的法哲学

Great Learning and Good Name: Gu Yanwu’s Legal Philosophy

顾炎武被认为是“清学的开山祖师”,但他绝不仅仅是一个考据学家。如果赋予顾炎武的古典思想以现代的分析形式,可以发现,“博学于文”和“行己有耻”这两个短语概括了顾炎武的哲学宗旨。遗憾的是,前人讲“博学于文”多,而“行己有耻”似乎只是简单的“道德底线”“民族气节”而已。即便是“博学于文”,前人也只当作一种治学方法,跟顾炎武的政治思想仿佛没有什么关系。实际上,“博学于文”确立了体现古人经验的制度的重要性,而“行己有耻”则指个人须对已有的经验和制度进行甄别。而所谓“耻”,实际上即对名誉及公共评价的重视。“博学于文”和“行己有耻”的有机结合,才是顾炎武所提判断是非对错的标准,亦即其法哲学的核心内容。

Gu Yanwu has been canonized as the‘founding father of Qing scholarship”,but he is certainly not a philologist only.In re-articulating Gu”s classic thoughts with a modern and analytic form,this article argues that his philosophical theses have been encapsulated into two phrases of‘being learned”and‘being aware of the sense of shame”.The significance of the proposition of‘being learned”has been broadly discussed in previous scholarship,but Gu”s awareness of the sense of shame was simplistically and ignorantly regarded as moral sentiments or patriotic feelings.Moreover,even the proposition of‘being learned”was generally understood as Gu”s emphasis of methodology,which seems irrelevant to his comprehensive political thinking.But the fact is that in Gu”s philosophy,‘being learned”is rather to emphasize the importance of the knowledge of institutions that have concreted ancients”mature experience,and‘being aware of the sense of shame”is to encourage people to re-evaluate those institutions and experiences again personally.The‘sense of shame”in Gu”s philosophy actually refers to think highly of honor and fame.The combination of both is Gu”s standard to make any normative judgement,which is also the kernel of his legal philosophy.