论墨子“以天为法”的法的本体论

“天志”是墨子之法的本体来源,“以天为法”就是以“天志”为“法仪”,“天”是墨子之法的本,“天志”是墨子之法的体,“法仪”是墨子之法的用,“天”、“天志”与“法仪”是本、体、用的关系。“天志”就是合乎自然的自然法,是“民意”的反映,是墨子法律思想权威性的价值根源,是判断是非善恶的最高标准。“以天为法”不仅是墨子构建自己思想体系的基础,而且是其法律思想的出发点和归宿。

On the Ontology of "Regard God as Laws" of MoZi''s

" God's will" is the source of noumenon of MoZi' s laws." Regard God as laws" is to take " God's will" as " law's standard".Here God is the root of MoZi' s laws,and " God's will" is the function.So the relationship among " God"," God's will" and " law's standard" is that of the root,noumenon and function." God's will" is natural rules matched with the nature,and the reflection of " public opinions".It is not only the value rootstock of the authority of MoZi' s law,but also the highest criterion to judge the good and evil." Regard God as laws" is either the base for MoZi to built his own ideology,or the springboard and end-result of his juristic thoughts.