浅析魏晋玄学中所体现的法律思想

魏晋玄学在发展上大体经历了"名教本自然"、"越名教而任自然"和"名教即自然"三个阶段,从这样一种发展历程上就可以看出,魏晋玄学最终极的目的乃是旨在解决"名教"和"自然"之间的矛盾,把两者予以调和。中国传统法律思想可以说始终有着一条"名教"的主线,魏晋玄学与其说是对"名教"进行批判,倒不如说是为"名教"寻找"自然"的依据,这尤其体现在玄学中的伦理道德思想、自然主义思想和人本主义思想三个方面。

Analysis of Legal Thinking Embodied in Weijin Metaphysics

Weijin Metaphysics has undergone the development of “the Confucian is from nature”, “from the Confucian to nature”, and “Confucian is nature”. This development process reveals that the ultimate purpose of Metaphysics is to solve the contradiction between “Confucian” and “nature” and achieve reconciliation between them. “Confucian” has always been the central idea in the traditional Chinese legal thinking and Weijin Metaphysics was seeking a foundation in “nature” for “Confucian” rather than criticizing, which is explicitly embodied in the Metaphysics ethical thinking, naturalism and humanism.