论亚里士多德“守法即正义”何以可能——基于《尼各马可伦理学》五、六卷文本

On the Possibility of Aristotle’s “Lawfulness Is Justice”—Based on Books V and VI of the Nicomachean Ethics

摘要: 在亚里士多德《尼各马可伦理学》这部伦理学著作中集中呈现了其主要伦理思想。亚里士多德将德性划分为伦理德性与理智德性两部分，其中正义和实践智慧分别在其中有至关重要的作用，在第五卷中关于“守法即正义”的论述中提出的独特见解发人深思。就当今意义来看，法律是规范性的准则，与道德相区分，对人的规范性和约束性不尽相同，那么亚里士多德究竟是在何种意义上谈论守法即正义的呢？本文首先明晰亚里士多德的正义观，其次探究实践智慧对守法与正义的作用，最后分析得出亚里士多德守法即正义这一论述以最佳政体为目标，致力于达到共同体的至善这一最终目的。正是在这样一个由个人到他人乃至城邦的实践哲学路径上，守法即正义才得以可能。

Abstract: In Aristotle’s Nicomachean Ethics, his major ethical ideas are presented in a concentrated form. Aristotle divides virtue into two parts: ethical virtue and intellectual virtue, among which justice and practical wisdom each play a crucial role. His distinctive insights in the discussion of “lawfulness is justice” in Book V are particularly thought-provoking. From a contemporary perspective, law is a set of normative standards distinct from morality, and its normative and constraining force is not identical to that of morality. In what sense, then, does Aristotle speak of lawfulness as justice? This paper first clarifies Aristotle’s conception of justice, then explores the role of practical wisdom in relation to lawfulness and justice, and finally argues that Aristotle’s claim that lawfulness is justice takes the best constitution as its aim and is ultimately directed toward achieving the highest good of the community. It is precisely along such a path of practical philosophy—extending from the individual to others and ultimately to the polis—that “lawfulness is justice” becomes possible.