申不害的法治思想及其局限性

言术的申不害首先是法治论者。他主张立法律之名“因”以为治。治者因法而治便可无事 ,“任法”便应“无为”。他的法治就是用法律的有为代替君王的有为 ,用法律的治代替君王的治。术与法治是相背离的 ,申不害之所以既倡法治 ,又多言术 ,是由君王利益与国家利益的不一致造成的。法治与国家的利益相一致 ,而术服务于君王的利益。

Shen Buhai's Thought of Law and Its Limitation

The warlock Shen Buhai is above all an advocator of law. If the rulers rule by law, it is ok; if not, it is inaction. His law is to substitute the kings' action with the action of law, to substitute the kings' regulation with the regulation of law. Magic is against the law. It is because of the inconsistency between the interests of king and state that Shen Buhai both emphasizes law and magic. The law is consistent with national interest, while magic serves to the interest of the king.