君主立法及其道德限度——关于立法正统性的一个历史视角

Royal Legislation and Its Moral Limits --A Look at the Orthodoxy of Legislation In History

立法正统性是指人们对统治者立法权的获得、行使及其产品的道德认可和信从。中国传统社会君主立法的正统性来源于儒家意识形态,尤其存在于儒家圣贤人格的设计中,即通过由圣转王、圣王一体来确保君主立法的道德合法性。

The orthodoxy of legislation refers to people's moral consent and acceptance of the legislative rights, legislative implementation and legislative consequences of the ruling classes. In traditional society of China, the orthodoxy of legislation is based on Confucianism. However, when royal legislation got its orthodoxy from Confucianism, it got limited at the same time by the latter. The result is that the orthodoxy of royal legislation had never been questioned, while the law was also widely ignored.