《韩非子》与斯多葛派法思想比较

Comparison Between HAN Feizi and Stoic′s Legal Thoughts

《韩非子》主张的“法”与“自然法则”相关联,“自然法则”主要包含人性和自然界运行规律两个方面——人的主观好恶应当被纳入制定法律的考量范围,法应当因时制宜。斯多葛派主张的自然法是与理性相关联的,理性被赋予了普遍性,人的主观情感应当被排除在理性之外。在逻辑进路上,《韩非子》注重法与社会现实的交互,斯多葛派注重抽象的演绎逻辑。

"The law"advocated by HAN Feizi is related to"The Law of Nature",and"The Law of Nature"mainly includes two aspects of human nature and the operation of natural law—people′s subjective preference and dislikes should be taken into consideration in the formulation of laws,and laws should be adapted to the circumstances.The law of nature advocated by Stoics is connected with reason,which is endowed with universality and is believed that the human subjective emotion should be excluded from reason.On their way of logic,HAN Feizi pays attention to the interaction between law and social reality,while the Stoic school pays attention to abstract deductive logic.