先秦道家法律思想研究——兼审道家对儒家礼治学说的总体态度

A Study on Pre-qin's Taoist Legal Thought ——A survey of Taoist general attitude towards Confucian thought of Rule of Rite

对先秦道家法律思想进行了重新的审视和解析,认为道家由其无为哲学出发,主张"无为而治",因之,对儒家礼治学说就总体而言持消极甚至否定态度,但这种消极和否定并非如传统学术认定的那样绝对,特别是早期道家对儒家礼治学说不仅没有采取传统学术认定的那种鲜明反对态度,而且给予了相当程度的兼容。

This article makes a new analysis and comment on the Pre-qin's Taoist legal thought, holding that Taoist argued for ' the rule through wu wei(take-no-action)'out of its philosophy of wu wei(take-no-action),and therefore argued against and even negated Confucian thought of 'Rule of Rite' in some extent ,but Taoist did not denied Confucian thought of 'Rule of Rite' absolutely as traditional theories believed ,especially for early Taoist who did not argued against Confucian thought of 'the Rule of Rite' clearly ,but was even compatible with it somehow.