亚里士多德论法治、德治与人治  

Aristotle on the Rule of Law,Rule of Virtue,and Rule of Man

作　　者：李涛[1] LI Tao(University of Chinese Academy of Social Sciences,Beijing 102488,China)

机构地区：[1]中国社会科学院大学,北京102488

出　　处：《云南大学学报（社会科学版）》2022年第3期14-21,共8页The Journal of Yunnan University:Social Sciences Edition

基　　金：教育部后期资助项目“《尼各马可伦理学》的翻译与注疏研究”(项目号:20JHQ026)的阶段性研究成果。

摘　　要：现代人通常认为,德治就是人治,两者都与法治相对立;然而在古希腊人那里,法治并不与德治对立,两者都与人治对立。我们可以通过分析亚里士多德而澄清这个问题。法治与人治的竞争在亚里士多德那里被明确地提出来了,他认为法治比人治要好。由于古代法律的内容就是要培养勇敢、节制、慷慨与正义等美德,从而法治就是德治,两者具有形质不可分的关系。法治是让理性去统治,故而法治与人治的对立就意味着理性与欲求的对立。虽然其强调了立法者的重要性,但这并不意味着人治,立法者也是美德与理性的化身。到了现代社会,法律不再关乎美德与理性,从而美德与人治相连,并且与法治对立。Modern people usually think that the rule of virtue is the rule of man,and the two are opposite to the rule of law;in ancient Greece,however,the rule of law was the rule of virtue,and the two were opposed to the rule of man.This paper attempts to clarify this issue by analyzing Aristotle s relevant view.The competition between the rule of law and the rule of man was clearly put forward by Aristotle,who believed that the rule of law was better than the rule of man.Since the content of ancient laws is to cultivate such virtues as courage,temperance,generosity and justice,the rule of law is the rule of virtue,which has an inseparable relationship between form and matter.The rule of law is to let reason rule,so the opposition between the rule of law and the rule of man means the opposition between reason and desire.Although it emphasizes the importance of the legislator,it does not mean the rule of man,and the legislator is also the embodiment of virtue and reason.In modern society,law is no longer about virtue and reason,so virtue is connected with the rule of man and is in opposition to the rule of law.

关 键 词：法治 德治 人治 理性 权利 

分 类 号：B502.233[哲学宗教—外国哲学]