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本文着力于比较荀子和亚里士多德的法律思想,通过比较发现:双方都注重法律的制定、完善和实施,强调法律要具有内在的价值精神。但是,荀子所强调的法律层面的治理,并不等于现代意义的“法治”。而亚里士多德,则对“人治”表示了强烈的反对,他以其特有的理性主义的风格阐明了“法治”的必要性。这种比较,有助于我们厘清“法制”和“法治”的概念,更深入地理解“依法治国”的重大意义。
This article focuses on the comparison of Xunzi and Aristotle’s legal thought. By comparing, we find that both sides pay attention to the formulation, improvement and implementation of law, emphasizing that the law should have intrinsic value spirit. However, the governance at the legal level emphasized by Xunzi does not equal the “rule of law” in the modern sense. Aristotle, on the other hand, expressed strong opposition to “rule by man,” and clarified the necessity of “rule by law” in his unique rationalist style. This comparison helps us to clarify the concepts of “rule of law” and “rule of law” and more deeply understand the great significance of “governing the country according to law.”