在道德和法律相互博弈了数千年的西方,究竟是道德压倒法律还是法律压倒道德,似乎可以相当简洁地描述为自然法的胜利或是法律实证主义的凯旋,或是恶法非法,或是恶法亦法。但对于文化早熟且理性早启的老大帝国,用此种二元化对立予以描述,就显得有些简单寒碜了。如梁漱溟在《中国文化要义》中指出,老中国是融国家于社会人伦之中,纳政治于礼俗教化之中,而以道德统括文 In the West, where morality and law have been playing each other for thousands of years, whether morality overwhelms the law or overwhelms the law appears to be rather succinctly described as the triumph of the triumph of natural law or legal positivism, or the evil law is illegal or Evil law is also law. However, for the Boss Empire, which is premature in culture and rationalized as early as the beginning of the Qing dynasty, it is a bit shameful to describe this dichotomy to opposites. For instance, Liang Shuming pointed out in the “Essentials of Chinese Culture” that Old China is a country that integrates politics into the ethics of etiquette,