古典中国的政道 ——兼议牟宗三先生的《政道与治道》

Legitimacy of Regime in Classic China —Discussing Mou’s Book “The Legitimacy of Regime and the Rule of Governing”

  • 摘要: 牟宗三先生在其著《政道与治道》中以民主观察政道,从而否定了古典中国的政道。实际上,在古典中国有着政道与治道的丰富理论和历史实践,而且二者相得益彰。但这是专制的政道与德治,其完全不同于西方的民主的政道和法治。当代中国法律之治道的实践只有借鉴古典中国政道与治道的完美结合的理论与实践,才能成功构筑适宜于国族人生与人心的“中国法律理想图景”

     

    Abstract: In Mou Zongsan’s book “The Legitimacy of Regime and The Rule of Governing, he observes the legitimacy of regime in the perspective of democracy and denies its existence. In fact, there were rich theories and historical practices on the legitimacy of regime and the rule of governing in classic China, as well they complemented each other. Different from the western legitimacy of democracy regime, it is the legitimacy of autocracy regime. In contemporary China, in order to successfully construct “China’s legal ambition prospect” which will be appropriate for national life and feeling, the practice of the rule of law should draw lessons from successful experiences of classic China which perfectly combined the legitimacy of regime with the rule of governing

     

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