#法学#法家

秦朝暴政和法家的思想主张Qin Dynasty tyranny and legalist ideology.


事实上,严格来说,法家思想不会导致秦朝暴政。为了解释这一观点,我们将从秦朝暴政的三个表现来阐述重赋、重役和重刑。In fact, strictly speaking, legalism did not lead to qin tyranny. In order to explain this point of view, we will illustrate the three manifestations of tyranny in qin Dynasty: heavy taxation, heavy servitude and heavy punishment.


重赋。Burdensome taxes

《商君书》是商鞅在秦国改革的理论基础。主观上不提倡暴政。正如《去强篇》所说,国家没有抱怨,人民被称为强国。因此,商鞅认为,如果国内人民不抱怨,这样的国家就可以被称为强国,重赋必然会引起人们的不满,这与法家思想的主观冲突。The Book of Shang Junshu is the theoretical basis of Shang Yang's reform in Qin. Subjectively, tyranny is not advocated. Just as the "Go Strong chapter" said, the country did not complain, the people were called strong. Therefore, Shang Yang believed that if the domestic people do not complain, such a country can be called a powerful country, heavy assignment will inevitably cause people's dissatisfaction, which is subjective conflict with legalism.


管子七大臣也说:愚蠢的大臣:犯罪和惩罚,强调克制,更多的道路,让身体看到仇恨和诽谤,也就是说,只有愚蠢的大臣会认为严厉的惩罚和重赋是治理国家的方式,这只能令人憎恨,君主也会被公众诽谤。

作为法家思想的集大成者,韩非实际上反对重赋。正如《韩非子八奸》所记载的,韩非认为,君主征收重赋以满足统治者私欲的灾难,不是君主治国的可取之处。Guan Qi minister also said: stupid minister: crime and punishment, emphasizing restraint, more roads, let the body see hatred and slander, that is to say, only stupid minister will think that severe punishment and heavy punishment is the way to govern the country, this can only be hated, the monarch will also be slandered by the public.As a legalist thought, Han Fei actually opposed heavy fu. As recorded in "Han Fei Zi Eight Evil deeds", Han Fei believed that the disaster of the monarch imposing heavy taxes to satisfy the ruler's personal desires was not the desirability of the monarchy.



重役Heavy battle.

《商君书·垦令》记载,如果人们不劳而获,他们将在农业工作多天,如果他们在农业工作多天,如果他们不厌倦工作,他们将在草地上复垦。这意味着过多的税收可以支持许多人,这将减少从事农业的人,从而削弱国家的基础。It is stated in the Book of Shang Junshu that if people get something for nothing, they will work in agriculture for many days, if they work in agriculture for many days, if they are not tired of working, they will reclaim the grassland. This means that excessive taxes can support many people, which will reduce the number of people engaged in agriculture, thus weakening the foundation of the country.


《韩非子·备内》还记载,如果兵役有多艰难,人民就会有权力,权力就会有权力,贵人就会有钱。这意味着,如果国家向人民征收更多的兵役,就会导致人民抱怨,最终导致国家贫困,这对国家的正常秩序是危险的。

因此,商鞅和韩非对重役的看法都是一致的,即反对重役,认为增加人民劳动负担不利于国家长治久安。

Hanfeizi Beinae also says that if military service is difficult, people will have power, power will have power, and nobles will be rich. This means that if the state collects more military service from the people, it will cause people to complain and eventually lead to poverty in the country, which is dangerous to the normal order of the country.

Therefore, Shang Yang and Han Fei held the same view on heavy servitude, that is, they opposed heavy servitude and thought that increasing people's labor burden was not conducive to the long-term stability of the country.


重刑Heavy punishment

重刑是法家思想的核心部分,也是法家代表所宣扬的。商鞅和韩非都同意

《商君书·赏刑》记载,如果重刑甚至犯罪,人们就不敢尝试,这意味着商鞅认为普通人不敢以身作则,只有加重刑罚,实行连坐法。然而,商鞅的主张是为了达到人们不敢尝试的目的,所以没有惩罚。

Heavy punishment is the core part of legalist thought, which is also advocated by legalist representatives. Shang Yang and Han Fei agreed

It is recorded in The Book of Shang Junshu: Reward to Punishment that people would not dare to try if they were severely punished or even committed a crime, which means that Shang Yang believed that ordinary people did not dare to set an example, so they had to increase the punishment and implement the method of sitting together. However, Shang Yang's idea is to achieve the goal that people dare not try, so there is no punishment.


《韩非子·奸劫杀臣》也记载,所以他的治国也是正明法和陈严刑,也就是说,韩非也主张用重刑治国,认为只有这样,才能挽救群众之乱,消灭世界之祸。

从这里我们也可以看出,虽然商鞅和韩非都主张重刑,但这一主张的背后是更好地管理国家,减少违法犯罪和奸诈犯罪。只有这样,我们才能维持正常的社会秩序。

It is also recorded in "Han Feizi · Rape, Robbery, and Murder of Ministers" that his rule of state was based on the correct law and strict punishment. That is to say, Han Fei also advocated the rule of state by severe punishment, believing that only in this way could the masses be saved from chaos and the disaster of the world be eliminated.

From this we can also see that although Both Shang Yang and Han Fei advocated heavy punishment, behind this proposition was to better manage the state and reduce illegal and dishonest crimes. Only in this way can we maintain normal social order.


从以上讨论可以看出,秦朝暴政的三个体现,重赋、重役、重刑,其实并不符合法家的治国思想。至少他们总体上反对重赋和重役,提倡重刑也是为了惩罚违法者。那么秦朝怎么会暴政呢?From the above discussion, we can see that the three embodiments of tyranny in Qin Dynasty, heavy assignment, heavy service and heavy punishment, actually did not accord with the legalist thought of governing the country. At least they were against heavy taxation and heavy servitude in general, and they advocated heavy punishment to punish lawbreakers. So how could the Qin Dynasty be tyrannical?


秦朝统治者的个人因素Personal factors of qin Dynasty rulers.

秦王为人,蜂准,长目,真鸟,豺声,少恩而虎狼心...诚使秦王得志于世,天下皆为俘虏。-史记秦始皇本纪The King of Qin is a man, bee-accurate, long eyes, real birds, jackal sound, less grace and tiger Wolf heart... The king of Qin won his will in the world, and all the world was captured. - Shiji Qin Shihuang Benji

以上句子是魏耀对秦始皇脸的描述,并对他进行了评价。魏耀认为秦始皇刻薄寡恩,心如虎狼。如果他得到了这个世界,这个世界就会成为他的俘虏。至于人是否准确,我暂时不讨论。然而,秦始皇得到这个世界后,他确实充分发挥了集中。The above sentence is wei Yao's description of qin Shi Huang's face and comments on him. Wei Yao thought that Qin Shihuang was unkind and ungrateful, and his heart was like a tiger. If he got the world, it would be his prisoner. Whether the person is accurate or not, I'll leave that aside. However, after Qin Shi Huang got this world, he did give full play to concentration.


那么秦始皇得到世界后是如何治理国家的呢?《史记》还记载:(秦始皇)刚毅戾深,事皆决於法,刻削毋仁恩和义,然後合五德之数,於是急法,久者不赦。

So how did Qin Shi Huang govern his country after he got the world? "Shiji" also recorded :(qin shihuang) resolute and deep, everything is determined by the law, cut no benevolence and kindness and righteousness, and then the number of five virtues, so urgent law, long unpardoned.


不赦No amnesty

这意味着秦始皇在政治上坚强果断,暴力严谨,事情依法决定,刻薄严厉,没有仁慈和道德,所以他渴望加强法律制度,囚禁了很长一段时间的罪犯。This means that Qin Shi Huang was politically strong and decisive, violent and rigorous, things were decided by law, mean and harsh, with no mercy or morality, so he was eager to strengthen the legal system and imprisoned criminals for a long time.


让我们来看看秦始皇后的秦二世。赵高建立秦二世继位后,为了专权,他们清算了前朝的遗臣和宫廷贵族。据《秦始皇本纪史记》记载,(秦二世)杀害了大臣和公子,以罪逮捕了年轻的近官三郎,但没有立者,六公子死于杜。Let's take a look at Empress Qin Shi's Qin Ii. After Zhao Gao established the second Emperor of the Qin dynasty to succeed him to the throne, they liquidated the remaining ministers and court nobles of the previous dynasty for the sake of exclusive power. According to the Records of the History of the First Emperor of Qin (The Second Emperor of Qin), he killed his ministers and childe, and arrested a young official for the crime, but no one was appointed, and the sixth childe died in Du.


之后,秦二世开始复工阿房宫,征用5万名材士守卫咸阳,以免让全世界的人都认为是先帝。最后,在秦朝暴政的统治下,诸侯起反秦。秦始皇死后摇摇欲坠的大秦帝国,在起义浪潮中成为历史上的眼云烟。

After that, the second Emperor of the Qin Dynasty began to resume the construction of the Apang Palace and enlisted 50,000 military personnel to guard Xianyang so that the world would not think that he was the first emperor. Finally, under the rule of qin dynasty tyranny, the Dukes rebelled against Qin. The Great Qin Empire, which tottered after the death of qin Shi Huang, became a historical afterthought in the wave of uprising.


从上述记录不难看出,秦朝统治者实际上是秦朝暴政的直接原因,即法家思想中的重刑思想只是秦朝重刑的因素之一,但绝不是唯一的因素。

From the above records, it is not difficult to see that the ruler of Qin Dynasty is actually the direct cause of qin Dynasty tyranny, that is, the thought of heavy punishment in legalist thought is only one of the factors of heavy punishment in Qin Dynasty, but it is not the only factor.


结束语:Conclusion:


综上所述,我们可以知道,法家思想在严格意义上不会导致秦朝的暴政,因为法家思想总体上反对重赋重役,所以法家思想不应该对秦朝的暴政负责。To sum up, we can see that legalist thought did not cause the qin tyranny in a strict sense, because legalist thought was generally opposed to heavy taxation and heavy labor, so legalist thought should not be responsible for the Qin tyranny.


虽然法家思想中的重刑政策是秦朝实施重刑的因素之一,但并不是唯一的因素。法家思想既有反暴政的思想,也有轻罪重刑的暴政。因此,我们应该辩证地看待法家思想,而不是将秦朝的暴政归因于法家思想。Although the heavy punishment policy in legalist thought was one of the factors for the implementation of heavy punishment in Qin Dynasty, it was not the only factor. Legalist thought has anti-tyranny thought, also has petty crime heavy punishment tyranny. Therefore, we should dialectically treat legalist thought, rather than ascribe the tyranny of qin Dynasty to legalist thought.


无论如何,秦朝的暴政与秦朝统治者的傲慢、冷酷、不择手段等因素是分不开的。正是统治者的极端统治手段在短时间内加剧了秦灭六国后的各种潜在矛盾,最终导致诸侯共同崛起。In any case, qin dynasty tyranny and qin dynasty rulers arrogance, ruthlessness, unscrupulous and other factors are inseparable. It was the extreme ruling methods of the rulers that intensified all kinds of potential conflicts after qin destroyed the six states in a short time, and finally led to the common rise of the princes.


【需要指出的是,秦朝灭亡的因素很多,但本文只是为了解释秦朝暴政与法家思想的关系,而不是分析秦朝灭亡的因素。我暂时不一一描述它的灭亡因素。】

It should be pointed out that there were many factors for the demise of the Qin Dynasty, but this paper is only to explain the relationship between tyranny and legalism, rather than to analyze the factors of the demise of the Qin Dynasty. I will not describe the factors for the time being.

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文章标题:从法家思想的起源说起,聊聊秦朝暴政的根源是否在于法家思想发布于2024-04-27 13:56:43

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