晚清“新法家”的“新法治主义”

在晚清的特定时势与学术背景之下,出现了章太炎、梁启超、沈家本等"新法家",他们反对传统上对法家的不合理批评与抨击,大力为法家平反正名,称赞法家的历史功绩,用"法治"或"法治主义"来认知和解读法家思想,并在此基础上开出"新法治主义"。这一开新,具有重要的思想、学术意义。

"New Legalism" of Late Qing Dynasty' "New Jurists School"

Under the particular situation and academic background in late Qing Dynasty, there appeared some " New Legalists" ,such as Zhang Taiyan, Liang Qichao and Shen Jiaben, etc. They were against the unreasonable criticism and attack on legalists. And they spared no efforts to stand up for legalists, spoke highly of legalists' great contribution. They perceived and interpreted legalists' thoughts according to "rule of law" or " Legalism". Furthermore, they created "new Legalism". This is of ideological and academic significance.