从礼刑并重到尚法唯刑，法家思想的流变

从礼刑并重到尚法唯刑，法家思想的流变。The change of legalist thought from ritual punishment to only punishment

中华民族的文化代代相传，留下了无数的人类历史精神财富和经典，通过与经典的密切接触，看到不同的文化，不同的生活形式，你可以知道经典告诉我们什么，即使在今天的高科技时代，全球时代，网络时代，通过与数千年前的经典对话也可以让我们得到很多灵感和思考。The culture of the Chinese nation has been handed down from generation to generation, leaving countless spiritual wealth and classics of human history. Through close contact with classics and seeing different cultures and life forms, you can know what classics tell us. Even in today's high-tech era, global era, Internet era, We can also get a lot of inspiration and thinking through the classic conversations from thousands of years ago.

法家的由来The origin of legalism

法家的人流出于理官。信仰必须受到惩罚，辅助礼仪制度。很容易说：国王以明惩罚法律。导演也是。雕塑家没有教育，去仁爱，全职刑法，想要治愈；至于伤害亲人和善良。The stream of the legalists came from the rulers. Faith must be punished, aided by ritual institutions. It is easy to say: the king punishes the law by his judgment. So is the director. Sculptor without education, to love, full time criminal law, want to heal; As for hurting loved ones and being kind.

在《汉书·艺术文学》中，法家强调奖惩制度和礼仪制度。我们应该仔细区分这两句话——前者强调严格的禁令，后者强调法律应该处于什么位置。

In the Book of Han · Art and Literature, the legalists emphasized the reward and punishment system and etiquette system. A careful distinction should be drawn between the former, which stresses strict prohibitions, and the latter, which stresses where the law should be.

但我们应该注意的是，这是汉人的观点。事实上，法家的出现可以追溯到更早的时代。事实上，姚典在《尚书》中提到了五刑。But we should note that this is the Han point of view. In fact, legalism dates back to earlier times. In fact, Yao Dian mentioned the five punishments in the Book of History.

《尚书》是儒家经典之一，我们都是作为礼乐文化的源泉学习的。但事实上，《尚书》不仅告诉我们，倡导道德、以人为本的思想，还包括一套非常完整、系统的刑法制度。Shang Shu is one of the Confucian classics, which we all study as the source of ritual and music culture. But in fact, The Book of History not only tells us that it advocates morality and people-oriented thought, but also includes a very complete and systematic criminal law system.

春秋时期没有法家的名字。当时人们常说法家叫法家的时候，一定是秦汉以后的事了。所谓法术之士，其实就是先秦诸子，九流十家(儒、道、阴阳、法、名、墨、纵横、杂、农、小说、兵)。There were no legalist names in the Spring and Autumn Period. It must have been after the Qin and Han Dynasties. The so-called magicians are actually the pre-Qin princes, with nine streams and ten masters (Confucianism, Taoism, Yin and Yang, dharma, Ming, ink, vertical and horizontal, miscellaneous, farming, fiction, and soldiers).

和其他先秦诸子一样，他们分享了一个共同的历史经历和思想世界，也就是说，在先秦诸子诞生之前，一两千年的历史是一个巨大的事实:王权政治——从族长、部落长、部落联盟到世界共主。王权的政治历史经验引导了几千年的发展。面对这种经历，不同学校的不同思想家从不同的角度找到了自己的解决方案和思想资源，导致了从法术之士到法家的不同学校的演变。Like other pre-Qin princes, they shared a common historical experience and thought world, that is to say, before the birth of pre-Qin princes, one or two thousand years of history was a huge fact: kingship politics -- from patriarchs, tribal chiefs, tribal alliances to world co-rulers. The political and historical experience of kingship has guided its development for thousands of years. Faced with this experience, different thinkers from different schools found their own solutions and thought resources from different perspectives, leading to the evolution of different schools from magicians to legalists.

早期法家：礼刑并重，以刑辅礼。法先王维护周制。

Early legalism: both ritual and punishment, supplemented by punishment. The king defended the zhou system.

中晚期法家：鼓励耕战，编户齐民，强推刑法，以法对民。以势和术控制臣下，法后王夺取世界。The middle and late Legalists encouraged farming, enlisted households to unite the people, forced the criminal law, and imposed law on the people. He controls his subjects with power and skill, and the queen takes over the world.

法家在春秋战国时期的出现经历了一个特殊的历史阶段。众所周知，孔子最喜欢的一句话是，王刚解开了纽约。换句话说，在西周，周武王和周公创立的封建礼乐文化在春秋战国时期发生了彻底的变化。周天子只有一个名义上的控制权。事实上，所有的诸侯国都逐渐成为最大化自己利益的一种方式。The emergence of legalism in the Spring and Autumn period and the Warring States period experienced a special historical stage. It is well known that One of Confucius' favorite sayings is that Wang Gang has unlocked New York. In other words, in the Western Zhou dynasty, the feudal ritual and music culture established by King Wu and Duke Zhou changed completely during the Spring and Autumn Period and the Warring States Period. The King of Zhou had only nominal control. In fact, all vassal states gradually became a way of maximizing their own interests.

这样，周礼规定的各种规则就在我们面前崩溃了。为了自己的利益，诸侯国开始发动战争，吞并邻国，这就是所谓的仪式崩溃。

在这种情况下，如何解决这种混乱？如何让世界恢复秩序，而不是陷入春秋无义的战争？在孔子时代，这种情况的严重性被称为36和52。是儿子杀了他的父亲，他的兄弟杀了他的兄弟。这种相互竞争的杀戮，血流成河，世界人民不谈生活。In this way, the various rules prescribed by the Rites of Zhou collapsed in front of us. For their own benefit, the vassal states began to wage wars and annex their neighbors in what is known as ritual collapse.In this case, how to resolve the confusion? How to restore order to the world, instead of sinking into senseless wars? In Confucius' time, the severity of the situation was referred to as 36 and 52. It was the son who killed his father, his brother who killed his brother. This kind of competing killing, blood flowing rivers, people of the world do not talk about life.

因此，儒家提出了儒家的方法，法家也提出了法家的方法。Therefore, Confucianism put forward the Confucian method, legalism also put forward the legalist method.

从礼刑并重到尚法唯刑，法家思想的流变。The change of legalist thought from ritual punishment to only punishment.

关仲原来是齐国人。他有一发小叫鲍叔牙。当他的兄弟俩长大后，一个帮助了公子纠正，另一个帮助了公子小白，然后是齐桓公。当时，齐国君主齐襄王被杀后，齐国发生了替代危机。这时，公子小白成功地继承了自己的地位。当他派兵回关仲协助公子纠正时，鲍叔牙向齐桓公推荐了关仲，并将齐国国家政府授予了他。Guan Zhong was originally from qi. He has a baby called Bao Shuya. When the two brothers grew up, one helped Childe correct, the other helped Childe Xiaobai, and then Huan Gong of Qi. At that time, after the king xiang of Qi was killed, there was a crisis of substitution. At this time, childe Xiaobai succeeded in inheriting his position. When he sent his troops back to Guanzhong to assist Childe in correcting the situation, Bao Shuya recommended Guanzhong to Duke Huan of Qi and conferred the state government on him.

关仲上任后，首先，他重组了当时一个混乱的齐国社会，叫做编户齐民和什武之家。他以五个家庭为军队，十个家庭为家庭，逐渐上升到一个城镇(全国分为21个城镇)。根据户籍和人口现状，士兵、盔甲、动物和马的数量重组了社会。After Guan Zhong took office, first of all, he reorganized the chaotic qi society, which was called Zhuhu Qimin and Shiwu Family. His army consisted of five families and ten families, gradually rising to one town (the whole country was divided into 21 towns). The numbers of soldiers, armor, animals and horses reorganized society according to household registers and population.

其次，他将四个不同阶层的学者、农民、工商分为固定区域、商人住在哪里、农民住在哪里等，整个社会井然有序。同时，由于齐国是今天的山东，他也尽了最大的努力依靠大海一直有渔盐的好处。同时，它被称为内政，发送军事命令，重组军事制度，建立三军。

经过他的整顿，齐国几年后富民强，军队整顿后军事力量大大增强。通过他的努力，齐国九合王子，一匡天下。同时，我们也重建了与过去礼乐制度的关系。Secondly, he divided four different classes of scholars, farmers, and businessmen into fixed areas, where merchants lived, and where farmers lived, so that the whole society was in order. At the same time, as Qi is today's Shandong, he also tried his best to rely on the sea for the benefit of fishing salt. At the same time, it was called internal affairs, sending military orders, reorganizing military institutions, and establishing the three armies.Through his reorganization, Qi became rich and strong in a few years. After the reorganization of the army, its military strength was greatly enhanced. Through his efforts, Qi nine princes, a quantian world. At the same time, we have also rebuilt our relationship with the past system of rites and music.

五四运动已经有一百年了。经过一百年的建设，我们如何看待21世纪的经典经验？如何走出新的不同道路，继承传统的好东西，吸取历史教训，创造符合我们时代要求的文化符号，将永远是一个值得思考的主题。It has been 100 years since the May 4th Movement. After 100 years of construction, how do we view the classic experience of the 21st century? How to walk out of the new and different road, inherit the traditional good things, draw lessons from history, and create cultural symbols in line with the requirements of our times will always be a topic worth thinking about.