A Comparative Study of Xunzi's 'Fen' and 'Ius' in Roman Law

荀子的“分”与罗马法中的“尤斯”比较研究

In the formation and practice of law, there is a point of view that Chinese and Western legal thought and culture are completely different modes. In order to understand whether there are commonalities between Chinese and Western legal thoughts, it is particularly important to study the early Chinese and Western thinkers' understanding of law and justice. Through the comparative analysis of Xunzi's “division” legal thought and “ius” in Roman law, it can be found that there are similarities between Chinese and western legal thoughts. Both of them adjust social relations by defining duties and keeping their own divisions, so as to build a political and legal order.

在法的形成与实践中，有一种观点认为中西法律思想与文化是完全迥异的两种模式。为了了解在这种差异之下中西法律思想是否存在共性，研究早期中西思想家对法与正义的认识则尤为重要。通过荀子“分”法律思想和罗马法中“尤斯”的对比分析，可以发现中西方法律思想存在会通之处，二者都以规定职分、各守其分的方式来调整社会关系，从而构建正义的政治法律秩序。