2017翻譯碩士：中華思想文化術語翻譯選讀——法治

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法治(fǎzhì)

以法治國。是站在君主的角度，主張君主通過制定并嚴格執行法令、規章來治理民眾和國家(與“人治”相對)，是先秦時期法家的重要政治思想。法家的“法治”思想有賞罰分明的一面，也有過于嚴苛、剛硬的弊端。自漢朝以迄清朝，“法治”和“人治”，各王朝多兼而用之。近代以降，“法治”因西學東漸而被賦予新的含義。

Rule by Law

Rule by law, as opposed to rule by man, calls for ruling a state and its people by the ruler through enacting and strictly enforcing laws and regulations. It is an important political thought of the Legalist scholars in the pre-Qin period. Rule by law meted out well-defined rewards and punishments, but tended to be excessively severe and rigid in enforcement. From the Han Dynasty all the way to the Qing Dynasty, rule by law and rule by man were exercised by various dynasties, mostly in combination. With the spread of Western thoughts to China in more recent times, rule by law acquired new meanings.

Examples

【引例】

是故先王之治國也，不淫意于法之外，不為惠于法之內也。(《管子·明法》)

When our forefathers ruled the state, they did not act unscrupulously in disregard of law, nor did they bestow personal favors within the framework of law. (Guanzi)

故法治者，治之極軌也，而通五洲萬國數千年間。其最初發明此法治主義，以成一家言者誰乎?則我國之管子也!(梁啟超《管子評傳》)

Therefore, rule by law is the supreme way to rule a country. It has been exercised by numerous countries in the world for several thousand years. Who conceived this idea and developed it into a theory of governance? It was none other than our fellow countryman Guanzi! (Liang Qichao: A Critical Biography of Guanzi)