論基於心學的法治正義觀

Justice Concept of Rule of Law Based on Confucianism Mindphilosophy

本體法律正義已經超出人類的認識範圍，屬於信仰的範疇。法律正義屬於超認識領域，人類無法制定像自然科學一樣的嚴密法律規則體系。在俗世正義觀層面，中國傳統心學已經初步回答了這一問題，也就是“心外無理”。“心外無理”打破了從客觀上尋找法律正義的可能；否則，人類必然失去自由，走向奴役之途。基於此，再慮及個人之間的平等性，故而俗世正義的基礎只能是多數決，當然，這種多數決應當建立在民眾的普遍良知基礎上。在司法過程中，“說理”是通往俗世良知共識即多數決正義的路徑。

The ontological legal justice has gone beyond human’s understanding and is considered a kind of belief. Legal justice belongs to the domain of supraconsciousness. Unlike natural science, human beings are unable to prepare a strict legal system. At the worldly level, Chinese traditional mindphilosophy has preliminarily put an answer to this, which is known as “Logos in Mind” (no logos can exist outside mind). “Logos in Mind” has broken the possibility of identifying legal justice objectively as otherwise human beings will lose their freedom and become slaved. Only on the basis of above findings should we consider the equality among people. That is why the worldly justice shall be based on majority decision, which is established on top of the common conscience of the mass. In legal proceedings, “reasoning” is the path towards reaching consensus on worldly conscience, i.e. the majority rule on justice.