#法家#法学

引言:Introduction:


战国时期到来后,魏国县长李俚设立了一项精彩的法律。他要求,未来所有的法律诉讼都将以射箭的命中率来判断结果,这一法律将得到严格执行。此后,秦国的大良商鞅也设立了一项精彩的法律。他在城门口设置了一块木头。他还要求谁能把木头搬到城市的另一边,奖励10金。

When the Warring States Period came, Li Kui, the county magistrate of the State of Wei, established a wonderful law. He demanded that all future lawsuits be judged on the accuracy of archery, and that the law be strictly enforced. Later, Shang Yang, the great liang of the State of Qin, also enacted a wonderful law. He set up a log at the gate of the city. He also demanded 10 gold prizes for anyone who could carry the wood to the other side of the city.


这两条荒谬的法律,通过历史维度,在战国时期得到了实施。一开始,人们认为这是两个成年人的笑话,但没想到荒谬的法律使两国都变得强大。

李俚立怪法,群情激动,最后立奇功。

These two absurd laws were implemented in the Warring States Period through the historical dimension. At first, people thought it was a joke between two adults, but did not realize that ridiculous laws made both countries strong.

Li li set up a strange method, the crowd excited, finally set up a miracle.

众所周知,战国是一个变法的时代。为了寻求统一的进程,各国纷纷寻求各种民间处方来强化自己。在这个过程中,他率先表示要改变法律。当然,他是当年的县长。作为所有法家人物的祖先,他直接在当地实施了想象中的试点。

As is known to all, the Warring States period was an era of reform. In search of a unified process, countries have sought various folk remedies to strengthen themselves. In the process, he was the first to say he would change the law. Of course, he was the county commissioner. As the ancestor of all legalist figures, he directly implemented the imagined pilot locally.


据史料记载,李俚提出了一项奇怪的法令,要求所有刑事诉讼以射箭的形式决定。该法令已经提出,立即引起了人们的反对。无辜的人表示抵制,有权势的贵族也表示反对。这些人甚至聚集了大量官员弹劾李俚。

According to historical records, Li Li introduced a strange decree requiring all criminal proceedings to be decided by archery. The law has been proposed and immediately aroused opposition. Innocent people resisted, as did powerful nobles. They even rallied a large number of officials to impeach Li.


不幸的是,李俚是那个时代最有思想的年轻政治家。国王掩盖了所有弹劾文章,大臣们像傻瓜一样看着县里的李俚,做了一些愚蠢的事情。看到上面不同意,所以下面的人和贵族只能每天练习弓箭,毕竟,他们可能会随时上法庭,如果射箭射得不好,那么他们将来会遭受很大的损失。经过一系列的诉讼,整个政府每天都听到弓箭的呐喊旁边欢呼的声音。

Unfortunately li Li was the most thoughtful young politician of his time. The king covered up all articles of impeachment, and the ministers looked at Li Li in the county like fools and did something stupid. Seeing that the top did not agree, so the lower people and nobles had to practice their bows and arrows every day. After all, they might go to court at any time, and if they did not shoot well, they would suffer great losses in the future. After a series of lawsuits, the shouts of bows and arrows are heard every day alongside the cheers of the entire government.


突然,边境的草原民族冒犯了他们。李奎管辖范围内的每个人都在战斗。结果,在与这些骑兵作战的过程中,包括普通人在内的每一位士兵都非常准确。突然间,入侵者被击中。在人们做出反应之前,敌人已经被打败了。

Suddenly, the steppe peoples of the frontier offended them. Everyone in Li Kui's jurisdiction was fighting. As a result, every soldier, including ordinary people, was very accurate in fighting the cavalry. All of a sudden, the intruder was hit. The enemy was defeated before people could react.


这时,人们,人们意识到李俚用精彩的法律鼓励大家积极练习射箭。通过这场实战,我们也认可了李俚的套路,魏国的改革之路也开始了。

前车之鉴,商鞅仿李俚。

At this time, people, people realized li Li's wonderful law to encourage everyone to practice archery actively. Through this actual combat, we also recognized li Li's routine, and the road of wei's reform also began.

Lessons from the past, Shang Yang imitated Li Li.


李俚完成试点后,他的年轻一代商鞅也来到了秦国一部精彩的法律,那就是著名的迁徙木立信。他的要求立竿见影。谁能拿走木头,谁就能拿到10钱。看到周围的人不相信商鞅一路把奖金提高到50钱。最终的结果是,一个年轻人在大家的压力下决定尝试。最后,他毫不费力地拿走了木头,然后获得了奖金。

After Li Li completed the experiment, his younger generation Shang Yang also came to qin a wonderful law, that is, the famous migration of Mu Lixin. The effect of his request was immediate. Whoever takes the wood gets 10 dollars. People around him did not believe that Shang Yang had raised the prize money all the way to 50 yuan. The end result is a young man under pressure to try. In the end, he took the wood effortlessly and won the prize.


一开始,人们还在开玩笑说,商鞅是一个没有地方花钱的傻瓜,扛木头的人也是一个愚蠢到相信政府的傻瓜。但我从来没有想过,商鞅利用大家沸腾的声音直接宣布了法律。商鞅直接说,如果法律放在那里,就有法律可以依靠。政府的声誉刚刚通过迁徙的木立信得到体现。政府可以按照约定给予奖励,同时严格按照法律疯狂制裁不守规矩的人。

At the beginning, people still joked that Shang Yang was a fool who had no place to spend money, and that the man carrying the wood was a fool who was stupid enough to trust the government. But I never thought that Shang Yang would directly announce the law by taking advantage of the roaring voices. Shang Yang said directly, if the law is there, there is a law to rely on. The government's reputation has just been reflected in the migrating wooden letter. The government can reward those who don't follow the rules according to the agreement, and punish those who don't follow the rules according to the strict law.


这时,我们才明白发生了什么,于是大家纷纷拜倒,呼吁遵守法律,商鞅的第一次改革运动也开始了。

Only then did we realize what had happened, and everyone bowed to the ground and called for the law to be obeyed, and Shang Yang's first reform movement began.


儒、法两家的恩怨情仇The enmity between Confucianism and France


与这两项法律和这两个历史典故相比,我们会发现当年确实有一套法律改革。如果只是从两个法律本身的角度来看,那就太棒了。当时儒道一直看不起法家思想,认为太功利,太不人道。

Compared with these two laws and these two historical allusions, we find that there was indeed a set of legal reforms. If only from the perspective of the two laws themselves, that would be great. Confucianism and Taoism always looked down upon legalism as too utilitarian and inhuman.


事实上,从这里我们可以看出,法家是真正掌握人性的最佳学校。他们知道人性的弱点,也知道人性的缺点,所以他们主张用最严格的法律,像鞭子一样鞭打人们。但要实施法律,第一个问题是遵守声誉,第二个问题是如何实施。

In fact, here we can see that legalism is the best school for real mastery of human nature. They know the weakness of human nature, and they know the shortcomings of human nature, so they advocate the strictest laws, like a whip to beat people. But to enforce the law, the first problem is to abide by reputation, and the second problem is how to enforce it.


从信誉的角度来看,不仅是商鞅,现在也很难颁布法律来保持其信誉。以原秦国为例,人们之所以不相信商鞅的迁徙,是因为政府的承诺从未兑现,所以法律的威望不断下降。商鞅通过迁徙木立信,以极少的代价赢得了全世界的心。

From the point of view of credibility, not only Shang Yang, but also now it is difficult to enact laws to maintain its credibility. In the case of the former Qin, people did not believe shang Yang's migration because the government's promises were never fulfilled, so the prestige of the law continued to decline. By migrating Mu Lixin, Shang Yang won the hearts of the whole world at very little cost.


这似乎比儒家思想、思想、道德和爱的影响更有效。因此,当时法家思想在把握人性方面已经超越了儒家思想。

This seems to be more effective than the influence of Confucianism, thought, morality and love. Therefore, legalism had surpassed Confucianism in its grasp of human nature.

拥有威信后,下一步就是如何让大家去实施。虽然商鞅一直强调要用非常严格的法律来对付他们,但如果他们不听倒垃圾的法律,他们会砍掉他们的手脚,让他们服从血腥的政策。不过,李俚也提出了更多的把握人心的方法,那就是除了恐惧,最好让人行动的冲动就是利益勾引。

Having authority, the next step is how to get people to do it. Although Shang Yang had always stressed that very strict laws should be used against them, if they did not listen to the law on garbage disposal, they would cut off their hands and feet and make them submit to bloody policies. Nevertheless, Li Li also put forward the method that holds popular feeling more, that is besides fear, the impulse that had better let a person act is interest seduce.


通过法律判断规则的变化,诱导人们学习和练习弓箭,最终使整个县领土中的人们擅长射箭,使敌人在犯罪时尴尬地逃跑。因此,法家的思想,至少以李为代表,他们知道如何诱导它。对待顽固分子的恐惧和压迫,对待那些好人的利益,法家的法律体系突然实施,将人民的心控制到极致,使两国成为一个强大的法律力量。

By changing the rules of legal judgment, people were induced to learn and practice bows and arrows, which eventually made the people of the whole county territory good at archery and embarrassed the enemy to escape when committing a crime. So legalist thought, at least represented by Li, they know how to induce it. To deal with the fear and oppression of the die-hards, to deal with the interests of those good people, the legalist legal system was suddenly implemented, which controlled the hearts of the people to the extreme, making the two countries become a powerful legal force.


结语conclusion


虽然法家思想在历代似乎不是很受欢迎,很多人说法家思想没有人情味,但事实上,战国时期的法家一直非常了解人们的心,所以他们对人性的理解超过了儒家思想。因此,他们的法律制度是如此的系统,所以商鞅和李俚将使他们的国家突然成为超级大国。

Although legalism does not seem to have been very popular in the past dynasties, and many people say it is impersonal, in fact, the legalists of the Warring States period always knew people's hearts well, so they had a better understanding of human nature than Confucianism. Therefore, their legal system was so systematic that Shang Yang and Li Li would make their country suddenly a superpower.


然而,我们仍然需要保持理性的态度,法家理解人性的邪恶,所以他们知道如何快速约束这些人类行为,并利用人性的弱点来诱导它们。

这些只适用于战国和战争时代。在和平时期,引导人性的最好方式是儒家思想,因为人分为善恶两面。邪恶的一面需要法家,善的一面需要儒家。然而,在战国时期,在人性邪恶的时代,法家思想脱颖而出,对人性的控制是一个奇迹。

However, we still need to maintain a rational attitude, legalists understand the evil of human nature, so they know how to quickly restrain these human actions and take advantage of human weakness to induce them.

These only apply to warring States and war times. In times of peace, the best way to guide humanity is Confucianism, because people are divided into good and evil sides. The evil side needs legalism and the good side needs Confucianism. However, in the Warring States Period, in the age of evil human nature, legalism came to the fore and the control over human nature was a miracle.

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文章标题:两怪异法令造就强国,法家思想剑走偏锋,对人心揣摩堪称奇迹发布于2024-04-27 13:53:40

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