#法学#法家

周朝内乱,社会变革,百家争鸣。Zhou dynasty internal turmoil, social change, contention of a hundred schools of thought.


公元前770年,周王室一片混乱。与此同时,由于郝静静附近的自然灾害和狗荣对郝静和幽王的影响,周平王不得不向东迁往洛邑,这在历史上被称为东周。从今年到公元前221年,秦统一了世界,共有549年,可分为春秋战国时期。从春秋战国时期的社会变化到秦朝的崩溃,最重要的是数百场学术斗争,导致了民间自由学术的兴起。In 770 BC, the Zhou dynasty was in chaos. At the same time, due to natural disasters near Hao Jing and the influence of Gurong on Hao Jing and King You, King Ping of Zhou had to move east to Luoyi, which was known as the Eastern Zhou In history. From this year until 221 BC, Qin united the world for 549 years, which can be divided into the Spring and Autumn and warring States periods. From the social changes of the Spring and Autumn and warring States periods to the collapse of the Qin Dynasty, the most important were hundreds of academic struggles, which led to the rise of free folk scholarship.


春秋战国时期,深刻的社会变革促进了知识文化的传播。不同的学校出现在知识分子中,学校各持其说,创造了前所未有的学术思想活力。博学多才的知识分子在社会动荡中深入思考新的社会统治秩序。这些被后人称为百子百家的思想家写信,要么广泛接受学徒,要么谈论思想,经常互相争论。During the Spring and Autumn period, profound social changes promoted the dissemination of knowledge and culture. Different schools emerged among intellectuals, each with its own ideas, creating an unprecedented vitality of academic thought. The knowledgeable intellectuals thought deeply about the new social ruling order in the social turmoil. These thinkers, known later as the hundred, wrote letters, either widely accepting apprentices or talking about ideas, often arguing with each other



法家在战争中崛起。Legalism rose in the war.

东汉历史学家班固将其分为所谓的九流十家。然而,儒家和法家对中国统一王朝的政治有着重要的影响。时代在不断变化,立法者作为时代的人,也受到时代变化的影响。我们应该了解当时的氛围对立法者的影响。中国法律博大精深,以儒家理论为主轴,融合儒家理论。随着时代的发展,我国法律的发展过程逐渐儒家化。鉴于我们对儒家思想的良好理解,本文介绍了法家思想。The historian Ban Gu of the Eastern Han Dynasty divided them into the so-called Nine streams and ten families. However, Confucianism and legalism had an important influence on the politics of China's unified dynasty. The Times are changing constantly. As a person of The Times, legislators are also affected by the changes of The Times. We should understand the influence of the atmosphere on legislators at that time. Chinese law is extensive and profound, with Confucianism as its main axis and Confucianism as its fusion. With the development of The Times, the development process of Chinese law gradually Confucian. In view of our good understanding of Confucianism, this paper introduces legalism.


诸子百家Their exponents

在战争时代,社会发展有其特殊的规律。儒家思想最终被当时的统治者抛弃,因为它不能适应社会现实。以商鞅、韩非为代表的法国思想,适应了乱世统治者夺取和建立政权的需要,在秦初逐渐蓬勃发展。In times of war, social development has its own special laws. Confucianism was eventually abandoned by the rulers of the time because it could not adapt to social reality. French thought, represented by Shang Yang and Han Fei, adapted to the needs of rulers in troubled times to seize and establish political power, and gradually flourished in the early Qin Dynasty.


管仲和子形成法家思想,产生先驱。Guan Zhong and Zi formed legalist thought and produced pioneers.

法家思想的起源可以追溯到春秋初期。其核心思想是顺应历史发展,倡导法治、管仲、协助齐桓公、子产铸刑书、邓丽写竹刑等。关仲和子产可视为法家的先驱,强调法律的起源与君臣、国家权力和机构密切相关,是法家思想的先例。The origin of legalism can be traced back to the early Spring and Autumn Period. Its core idea is to conform to the historical development, advocate the rule of law, administer the middle school, assist Duke Huan of Qi, Zi Chan to cast the criminal document, Deng Li to write bamboo punishment and so on. Guan Zhong and Zi Chan can be regarded as the forerunners of legalism, emphasizing that the origin of law is closely related to the emperor and ministers, state power and institutions, which is the precedent of legalism.


《管子》包括管仲的政治、经济、军事和伦理。虽然《管子》一书的思想比较复杂,但它的主导思想还是一样的,就是确立上下层次。从《管子》可以看出,立君臣是管仲思想的核心,所以首先要尊君立王,建立王权的基础,这样才能建立国家,明确奖惩,然后谈人民教育。至于王权的建立,管仲认为要用礼法来维护君臣之间的差异,让全国上下奉统治者的意志。Guan Zi includes guan Zhong's politics, economy, military affairs and ethics. Although the idea of Guan Zi is more complex, its main idea is the same, which is to establish a hierarchy. It can be seen from Guan Zi that establishing Kings and ministers was the core of Guan Zhong's thought. Therefore, the first step was to honor and appoint Kings and establish the foundation of royal power. Only in this way can the state be established, rewards and punishments be defined, and then people's education be discussed. As for the establishment of the royal power, Guan Zhong believed that the rules of etiquette should be used to maintain the differences between the sovereign and the minister, so that the whole country would obey the will of the ruler.


法家能人辈出,成为主流。Legalists emerged in large numbers and became the mainstream.


后来,李奎在魏国制定了《法经》。有一段时间,商鞅在秦,吴起在楚,申不害在韩。他们都倡导法治思想和富国强兵政策,受到各国统治阶级的青睐。过去,维护社会秩序的礼仪已经崩溃,以礼治国被视为迂腐理论。在这种情况下,法家强烈主张法治国而不是礼仪,建立新的社会秩序,认为法治国是治时代的唯一工具和标准,法治国是判断是非的唯一工具和标准。Later, Li Kui formulated the Canon of Laws in the State of Wei. At one time, Shang Yang was in Qin, Wu Qi was in Chu, and Shen Buhai was in Han. They both advocated the idea of rule of law and the policy of enriching the country and strengthening the armed forces, and were favored by the ruling classes of all countries. In the past, the etiquette of maintaining social order had collapsed, and the rule of etiquette was regarded as a pedantic theory. In this case, legalists strongly advocated the rule of law rather than etiquette, and established a new social order, believing that the rule of law was the only tool and standard for governing the era, and that the rule of law was the only tool and standard for judging right and wrong.


韩非,后来的法家。结合法律、潜力、技术,注重维护君主权益,在宣传中占据领先地位,其声誉和地位是法家中最高的。Han Fei, later legalist. Combining the law, potential and technology, it pays attention to protecting the rights and interests of the monarch, and occupies a leading position in publicity, with its reputation and status being the highest among the lawyers.


商鞅变法,秦国强大。Shang Yang's reform made Qin a powerful state.

另一位法家名人商鞅坚信,实力决定了国家的生存命运。只有重农抑商,奖励耕作,才能实现富国强兵。人民致力于耕作的有效途径是奖惩。此外,商鞅认为,社会正在发展,古今形势不同,统治方式不同,治国方式不能墨守成规,反对法古修行。Shang Yang, another famous legalist, firmly believed that strength determined the fate of a country's survival. Only by emphasizing agriculture and suppressing commerce and rewarding farming can we achieve a rich country and a strong army. An effective way for people to devote themselves to farming is through rewards and punishments. In addition, Shang Yang believed that the society was developing, the situation of ancient and modern times was different, and the way of governing the country was different.


商鞅进一步提倡改革。只要改革对国家和人民有利,就不必遵守旧的礼法。相反,我们应该跟上形势的变化,实施改革。商鞅认为,只有法律明确,刑罚严明,才能判刑,稳定社会秩序,使国家富强治理。

战国末期,韩非继承了荀子人性邪恶的观点,认为仁义礼治是无名空谈。因此,他要求远仁放弃道德,治理国家。随着形势的发展和治理形势的发展,治理方法也应该发生变化。治厉的惩罚,否则国家只会产生奸臣和暴徒。战国时期,仁义不足以治国。只有依法务实,国家才能富强。儒家主张德治,用礼仪教育人民。Shang Yang further advocated reform. As long as the reform is beneficial to the country and the people, there is no need to observe the old proprieties. Instead, we should keep up with the changing situation and implement reforms. Shang Yang believed that only clear laws and strict punishments could ensure the stability of social order and the governance of the country.

At the end of the Warring States Period, Han Fei inherited Xunzi's view of the evil of human nature and thought that benevolence, justice and propriety were nothing. Therefore, he asked Won-in to give up morality and govern the country. As the development of the situation and the development of governance situation, governance methods should also produce change. Harsh punishment, otherwise the country will only produce treacherous ministers and thugs. During the Warring States period, benevolence and justice were not enough to govern the country. Only by being pragmatic in accordance with the law can a country be rich and powerful. Confucianism advocates the rule of virtue and educates people with etiquette.


韩非认为人性是邪恶的,所以自私就是人性。自善的人很少,就像自直之箭和自圆之木一样罕见。由于世界上自善的人很少,韩非认为如何杜绝人民的错误应该是不道德的,严惩人民不违法。

商鞅变法后,秦国变得越来越强大,统一中国于公元前221年完成。秦国变法成功后,历代秦王都实行了法家思想,为秦国统一伟大事业而奋斗。秦始皇本人和他深信的总理李斯也是法家思想的忠实支持者。统一后,继续贯彻法治理念,以法治理念为指导原则。

Han Fei believed that human nature is evil, so selfishness is human nature. Self-goodness is as rare as a self-straightening arrow and a self-winding tree. Because there are few people in the world who are good, Han Fei thinks that how to put an end to people's mistakes should be immoral, and it is not illegal to punish people severely.

After Shang Yang's reforms, Qin became more and more powerful, and the unification of China was completed in 221 BC. After the success of qin's reform, all the Kings of Qin carried out legalism and fought for the great cause of qin's unification. Qin Shi Huang himself and his trusted premier Li Si were also loyal supporters of legalism. After reunification, we will continue to implement the concept of rule of law and take it as our guiding principle.



重法度,显缺陷,秦灭亡,儒家繁荣。

Heavy legalization, obvious defects, the collapse of The Qin Dynasty, Confucian prosperity.


秦朝死亡的主要原因有两个:一是法治理论本身存在不可克服的缺陷;第二,秦朝的法治扩大了法治理论的缺陷,导致了暴政。秦朝独特的法治和特殊的法治导致了第二代的死亡,他们失败的教训为法律儒家思想提供了机会。这就是为什么法律甚至儒家思想都很低调。

从小编的角度来看,法可灭国,不可治国,安抚世界也需要法儒结合。

There were two main causes of death in Qin Dynasty: first, the theory of rule of law itself had insurmountable defects; Second, the rule of law in qin dynasty enlarged the defects of the rule of law theory and led to tyranny. The qin dynasty's unique rule of law and special rule of law led to the death of the second generation, and the lessons of their failure provided an opportunity for legal Confucianism. This is why law and even Confucianism are low key.

From the point of view of a small editor, law can destroy the country, not the state, pacifying the world also needs a combination of Law and Confucianism.

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文章标题:周朝内乱后,法家思想的起源和衰落。发布于2024-04-27 13:57:33

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