摘要
韩非和亚里士多德的法治思想有诸多相似之处:一,都认为法治优于人治;二,都承认法的平等性和普遍性;三,都认识到了法的可变性与稳定性的辩证关系。二者的法治思想又有着鲜明的差别,在对立法和执法主体的认识、对人性的看法及对法的性质和宗旨的界定上,有本质的不同。独特的地缘环境、农耕经济、宗法制度、文化传统造成了中国古代法哲学与西方法哲学迥异的民族特色。
This article has carried out the comparative analysis to the thought of government by law between Hanfei and Aristotle.There are many similarities as follows: First,they both think that govern by law is better than government by men;Second,they both admit that law is equal and general;Third,they both realize that there is a close connection of law's changeable character and stable character.Besides,there are obvious differences between them,especially in the thoughts of the main part to carry out law,human nature,the characteristics and boundary of law.The author thinks that the unique geography environment,the agriculture and cultivation economy,the patriarchal system and the cultural tradition have created China's ancient philosophy quite different from western law philosophy.
出处
《牡丹江教育学院学报》
2007年第5期37-38,共2页
Journal of Mudanjiang College of Education
关键词
韩非
亚里士多德
法治思想
Hanfei
Aristotle
the thought of Government by law
