荀子与韩非法治思想之比较

荀子与韩非的法治思想分别代表了战国末期儒、法两家法治思想的特点。荀子从人性恶的基点出发 ,主张“化性起伪” ,建立了以礼法论为核心的法治思想 ;韩非则集前期法家之长 ,从人性自私自为的观点出发 ,建立了“法”“术”“势”相结合的法治思想。二人的法治思想分别有不同的人性基础 ,在具体内容与立法原则上及对法的地位和作用、法与德的关系上都得到了不同的体现

A Comparison between Xunzi and Hanfei concerning the Rule by Law

Confucianism and Legalism had been integrated by Xunzi and Hanfei respectively at the end of the Warring States Period. Their thoughts of the rule by law had different characteristics .Xunzi thought the human nature was evil and could be altered while Hanfei thought it was egoistic and could not be altered. The center of Xunzi's thought of the rule by law was Etiquette and Law while Hanfei's was Law,Methods of Governing and Power. In addition, they have different point of views concerning the principle of legislation,the function of law and the relation between law and virtue.