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汉代儒者以天人关系为共通性论题并由此推演出了天人合一法思想。在这一点上,学界习惯以董仲舒的法律学说为代表,而对董氏之学的理解又各不相同。事实上,在经学成为汉代学术之主流,而董氏仅为经学家之一的情况下,以董氏的法律学说来代替整个议代儒家之法思想的研究方式是存在可质疑之处的。易言之,在汉代,经典义理才是儒者的通识,对经典与经学家各自的法思想作区分是极为必要的。同时,在汉代社会还存在着一种普遍观念,此种观念正足汉儒之法思想的社会基础和效力源泉。可以说,汉代天人合一法思想是由普遍观念、经典义理及经学家的诠释这三个层面累加而成的。
The Confucianists in Han Dynasty took the relationship between man and nature as the commonalist topic and deduced the idea of unity of nature and man. At this point, the academic community is accustomed to Dong Zhongshu’s legal doctrine as the representative, and the understanding of Dong’s theory is different. In fact, when the study of the sutras became the mainstream of the Han Dynasty and Dong was only one of the sutras, it is questionable that the study of the law of Confucianism replacing the whole Confucianism with Dong’s legal doctrine is questionable. In short, in the Han dynasty, the classic righteousness was the common understanding of Confucianism and it was absolutely necessary to distinguish between the classic and the scholars’ respective legal thoughts. At the same time, there is still a universal concept in the Han society, which is just the social basis and source of effectiveness of the Confucianism. It can be said that the Han Dynasty idea of the principle of harmony between man and man is formed by accumulating the three concepts of universal notion, classic morality and scholarly interpretation.