规矩·致治·成人——孟子法哲学新解

Rules,Governance,Becoming Saint:A New Interpretation of Mencius' Philosophy of Law

孟子承孔子统绪,意在借由人之主动修持与创制,达成人类整体的成就,即臻至与道和合。故其学肇端于人之良知,扩充含养,终期于成人。人之禀赋不等,资有灵钝,故有先觉觉后觉之需。于理言之,则教可为之。然于其时代,政治社会历数千年,格局积重难返,殆至战国更有私权横行,民不聊生;知识界道法治术之学昌明而儒家阳德返道之论不绝如缕。故孟子兼收法学,并蓄治术,一改兴周复礼之论,转而寻求先王之道的规矩化,是为先王之法。以此法为器,可求仁政之治。立足于此,方始可待成人。然法、治毕竟为外部之器,不足以使人自成。且二者并可为政权所假以为它图。对此,孟子虽有虑及而终为所困。

Following Confucius, Mencius intended to make the humanbing perfect as a whole, through the initiative of the mankind, that is the perfect harmony with the Tao. His theory began with the conscience of people, expanded, eventually brought to attainment of human. There are differences in Endowment of people, so they need Enlightenment. So in the era of the political community to recite the Millennium, pattern reversed, almost to the warring States period more private rights run amok, people; rule of law advances in study of Confucian intellectual road virtuous on the return road hanging by. Mencius, both legal, fully inclusive governance, Gvied up the theory of renaissanced Zhou and reconstructed Li, turn to the rules of Saint Kings, and made it be a law. Based on this, only for adults. Method, treatment for external devices, after all, is not enough to make the "one" themselves. And both can be false for the regime thought it. To this, Mencius took account of and end up trapped.