论“道生法”的法哲学内涵

道与法是中国古代哲学中的两个重要范畴,二者在战国中期的黄老学那里结合起来,出现了以道论法的思潮,集中表现为"道生法"命题的提出。在"道生法"命题中,道为法的本体,是法产生、存在的依据;法是道的显现,必须在道的原则下运行,法目的是使人与万物归于道,道和法之间是体与用的关系。作为执道者的圣王是道与法的中介,是现实的立法者,必须受到道和法的约束。

On the Legal Philosophical Connotation of "Dao Generates Law"

Dao and Law are two important concepts of classical Chinese philosophy.In the middle Warring States,they were integrated in Huang-Lao school,which lead to thought tendency that used Dao to expound Law,with the coming up of the "Dao generating Law" concept as the focus.In "Dao generating law" concept,Dao is the essence of law,meanwhile law is the manifestation of Dao,and law must operate under the principles of Dao.Law aims to take human and other things back to Dao,so there is a relationship of substance and phenomenon between Dao and Law.The sage-monarchs holding fast to Dao is the medium between Dao and Law and the real legislator,therefore he should be restrained by Dao and Law.