從「法」的實效性解析《韓非子》「道」與「法」之關係

Analyzing the Relationship between "Dao" and "Fa" in Hanfeizi through the Effectiveness of Law

本研究以法的實效性劃定法與道的關係，並且以採用合宜的手段以達成目的，或者以合理的論述支撐某項論點指稱這裡所謂的實效性，合乎實效性則可以說是較好的法令。在韓非學說中，出乎關懷他人處境之情感的命令不利於群體的治理，符合利他行為的法令不利於國家財富的累積，這屬於合乎道德但不合宜的法令。此外，在不危及君王統治權力的情況下，共同利益可以等同於君王利益，此是為理性的利己。至於合乎道德且合宜之法令的合理性則呈現於韓非「事－理－道」的思考路線，而如果我們將理性的利己視為多種價值理論之一種，那麼理性的利己就成為韓非站在實證法立場上，向自然法所拋出的套索，用以區別較好的與較不好的法令。

This article uses the effectiveness of law to delineate the relationship between "fa" (law) and "Dao" (the way). Effectiveness is defined as the attainment of something by proper means or the reasonable support of an argument. It can be said that a law is "better" if the law is effective. According to Hanfeizi, giving orders that disregard the situations of others are harmful to governing, and altruistic orders are harmful to national wealth. These are examples of moral yet improper laws. Furthermore, common interest is equivalent to the king's interest as long as maintaining this interest does not threaten the king's political power. In this research, this is called rational egoism. As for moral and proper laws, they are presented in Hanfeizi's thought as shi-li-dao (事-理-道). If we can accept rational egoism as a kind of moral theory, then we can say that it is a sort of lasso thrown from positive law to natural law, and is a method that Hanfeizi uses to distinguish "better" laws from "worse" laws.