论老庄法哲学的中庸态度与虚无主义倾向

以老庄为代表的先秦道家认为,“自然”是人最本然的境界。因此,由人所组成的社会也应倡导“自然”的统治,即做到“清静无为”,惟此才可望实现“天下有道”的理想。礼法等则属于人为、有为之物,在老子看来,应服从道,所以“以道统法”;在庄子看来,应属坚决摒弃之物,所以倡导“法律虚无主义”。老庄的这种法哲学思想,一方面以其“有为”—“无为”—“无不为”的逻辑,显示其中庸风范;另一方面,又因对现有法律制度的否定,而具有虚无主义倾向。

On the Attitude of the Mean and Tendency of Nihilism in LAO Zi and ZHUANG Zi's Legal Philosophy

The earlier Qin Taoists, taking Lao Zhuang for a representative, thought that "nature" is the most original state. Therefore the society organized by men ought to advocate the rule by "nature", namely letting things take their own course. Like that, the ideal that Taoism is everywhere can be realized. The ethical law is equal to artificiality. The active things are subject to Taoism according to Lao Zi, so "law governed by Taoism" must be rejected according to Zhuang Zi, who advocated "legal nihilism". The legal philosophy of Lao Zhuang showed his mean style through the logic of "action", "inaction" and "no inaction" and had the tendency of nihilism due to his negation of the legal system at that time.