#法学#法家

熟悉中国古代政治的人都知道,有一句话叫阳儒阴法,意思是中国古代政治表面上听起来像儒家,实际上是法家的计划。因为在具体的政治操作中,法家的计划可能是先秦时期政治家最有吸引力的,因为它简单有效。

Those who are familiar with ancient Chinese politics know that there is a saying called Yangruyin Fa, which means that ancient Chinese politics sounds like Confucianism on the surface, but is actually a legalist plan. In terms of specific political operations, the legalist plan was probably the most attractive for pre-Qin politicians because it was simple and effective.


韩非

弱点:恐惧和好利。Weakness: Fear and benefit


法家之所以如此有效,是因为它掌握了人类最基本的两个弱点,即恐惧和好处。在这方面,法家表现出足够的大胆和诚实。他们清楚地告诉国王,要想治理好这个国家,就必须利用人性的弱点。因为人们害怕权力,最好的办法就是严惩严厉的法律。一旦犯了错误,就会受到最严厉的惩罚,所以不敢犯错误。

Legalism is so effective because it has mastered two of the most basic human frailties, fear and advantage. In this respect, the legalists have shown sufficient boldness and honesty. They made it clear to the king that in order to govern the country well, they had to exploit human weakness. Because people are afraid of power, the best way to do that is to have strict laws. Once you make a mistake, you will be punished the most severely, so you dare not make mistakes.


为什么历史上的法家不能做儒家?

Why couldn't the legalists in history do Confucianism?


那么,从利益的角度来看,人们会因为利益而追求对他有利的东西。因此,恐惧和利益实际上是一件事的两面。当法家说服国王时,他们经常问一些中心问题,比如如何建立强大的统治,如何富强的国家和士兵,如何迅速使国家强大,这与当时渴望在竞争中成功的统治者的胃口非常一致。

So, from the point of view of interest, people will pursue what is good for them because of interest. Therefore, fear and interest are actually two sides of the same coin. When the legalists persuaded the king, they often asked central questions such as how to establish a strong rule, how to make the state rich and powerful with soldiers, how to make the state strong quickly, which was very much in line with the appetite of the rulers of the time who were eager to succeed in the competition.


当时,儒家和墨水是显著的,有许多追随者。儒家和墨水的政治目标是古代传说中姚顺的繁荣时代。儒家思想的根本主张是通过道德教育的力量,不知不觉地塑造一个人类的社会。然而,这种固有的努力,就像煮汤一样,需要很长时间才能生效。在战国时期,虽然它赢得了人们的尊重,但很少有王子愿意把他们的王国作为儒家思想的实验场所。所以,虽然孔孟在国家之间奔波,但他没有机会展示他的抱负。

At that time, Confucianism and ink were prominent and had many followers. Confucian and ink political targets are ancient legends of yao Shun's prosperous times. The fundamental idea of Confucianism is to unconsciously shape a human society through the power of moral education. However, this inherent effort, like making soup, takes a long time to take effect. During the Warring States period, although it earned respect from the people, few princes were willing to use their kingdom as a place to experiment with Confucianism. So, although Confucius and Mencius moved from country to country, he had no chance to show his ambition.


法国最早的代表商鞅实际上试图用儒家思想游说秦孝公。秦孝公的回答也很扎实。他说你的计划听起来不错,但效果太慢,所以他不准备听商鞅的建议。善于观察形式的商鞅主动寻求变革,从儒家思想艺术转变为法律艺术,赢得了统治者的信任。因此,为了与当时的儒家思想和墨家思想竞争,法家首先要做的是理论上强调墨家思想和儒家思想塑造的复古体系不符合当时的需要。

Shang Yang, the earliest Representative of France, actually tried to persuade Duke Xiaogong of Qin with Confucianism. Qin Xiaogong's answer is also very solid. He said your plan sounded good, but it was too slow. So he wasn't going to listen to Shang Yang's advice. Being observant of form, Shang Yang took the initiative to seek change from Confucian art to legal art and won the trust of the rulers. Therefore, in order to compete with Confucianism and Mohism at that time, the first thing legalists had to do was to emphasize theoretically that the retro system shaped by Mohism and Confucianism did not meet the needs of the time.


商鞅说,古代圣王根据他们面临的不同问题做出不同的决定,而不是一成不变。因此,我们应该在不同的时期使用不同的方法。法家的另一位代表韩非子通常讽刺地说,如果我们今天像火炬一样去钴木取火,像巢一样在树上盖房子,这不会让圣人嘲笑他们的大牙齿吗。因此,真正的圣人不应该坚持过去的经历,不知道如何灵活,而应该根据现实来改变。

Shang Yang said that ancient sage Kings made different decisions based on the different problems they faced, rather than staying the same. Therefore, we should use different methods at different times. Han Feizi, another representative of legalism, used to say sarcastically, if today we went to cobalt wood to make fire like torches and built houses in trees like nests, wouldn't that make the saints laugh at their big teeth? Therefore, true saints should not stick to past experiences and not know how to be flexible, but should change according to reality.


如何解决两难。How to solve dilemmas.

当然,法家并不是简单地否认儒家思想,而是认为不同时期应该采用不同的思想,他们对当时的社会和历史条件有自己的判断。韩飞子说:古代的竞争道德,中间的竞争智慧,今天的竞争力。他的意思是什么?他说,在姚顺宇时代,人们的竞争主要依赖于道德。在中世纪,人们的竞争开始使用战略。他说,在当今时代,最重要的家看到谁有强大的力量和强大的力量

Of course, the legalists did not simply deny Confucianism, but believed that different ideas should be adopted in different periods, and they had their own judgments about the social and historical conditions of the time. Humphrey said: the ancient competitive morality, the competitive wisdom in the middle, today's competitiveness. What does he mean? In Yao's time, he said, competition depended mainly on morality. In the Middle Ages, people began to compete using strategy. He said that in the present age, the most important home is to see who has great strength and great strength.


因此,韩非子说,世界上人们对仁义的赞扬在实践中不仅是无用的,而且是有害的。为什么?因为仁义政策会导致亲属的尊重和未知的奖惩,这将使那些不应该得到恩惠的人失败,应该受到惩罚的人逃脱。这鼓励了人们贪图便宜的心态,暴乱的人会更加无所畏惧,这样国家就无法保护自己的死亡。因此,韩非子认为儒家主张与国家利益存在根本冲突。韩非子讲了一个故事。事实上,这个故事是一个内容,但它由两个不同的部分组成。

Therefore, Han Feizi said, people's praise of benevolence and righteousness in the world is not only useless in practice, but also harmful. Why is that? For a policy of benevolence and righteousness leads to the respect of kinsmen and unknown rewards and punishments, which will make those who do not deserve favour fail and those who deserve punishment escape. This encourages a cheap mentality, the rioters become more fearless, and the state cannot protect itself from death. Therefore, Han Feizi believes that there is a fundamental conflict between Confucianism and national interests. Han Feizi told a story. In fact, the story is one content, but it is made up of two different parts.


他说楚国有一个人叫直鞠躬。他父亲偷了别人的羊。他把父亲送到政府。尹是政府官员。他说这个人被杀了(直鞠躬)。你为什么要杀了它?他说,因为直立于君主,曲于父亲,报告和犯罪。换句话说,他的儿子把偷羊的父亲送到了政府。虽然他出于对君主的忠诚,但他违反了父母,所以他应该杀了他。韩非子从这件事上得出的结论是什么?换句话说,如果一个人是儒家思想的直接大臣,他可能是父亲的暴子,所以忠诚和孝顺不可能是两者。还有一个故事。韩非子说鲁人从君主战争、三次战争和三次战争中输了,说孔子问其他原因。孔子问他为什么输了?那人说我家有个母亲,我家有个父亲。如果我死了,那么我父亲就没有人抚养我了。孔子认为这是一个孝顺的儿子。这个人是孝顺父亲。

He said there was a man in the state of Chu called straight bow. His father stole someone else's sheep. He sent his father to the government. Yin is a government official. He said the man had been killed (bow straight). Why did you kill it? He said, because stand upright in the monarch, bend to the father, report and sin. In other words, his son sent his father to the government for stealing the sheep. Although he was loyal to the monarch, he had disobeyed his parents, so he should have killed him. What conclusion did Han Feizi draw from this? In other words, if a person is a direct minister of Confucianism, he may be the violent son of his father, so loyalty and filial piety cannot be both. There's another story. Han Feizi said the Lu people had lost the war of Kings, the three Wars and the three Wars, and Confucius asked for other reasons. Confucius asked him why he lost. The man said I had a mother and I had a father. If I die, then my father will have no one to raise me. Confucius believed that he was a filial son. This man is dutiful to his father.


书影《韩非子》


通过揭示儒家思想的公私矛盾,韩非子强调统治者不应该听儒家思想,因为听儒家思想,孝子不会忠于君主。如果他忠于君主,他就不能孝顺。因此,在韩非子看来,儒家思想是矛盾的。

By revealing the public-private contradiction of Confucianism, Han Feizi emphasized that rulers should not listen to Confucianism, because by listening to Confucianism, filial sons will not be loyal to the monarch. If he is loyal to the monarch, he cannot be filial. Therefore, In Han Feizi's view, Confucianism is contradictory.


正是由于这种不同的理解,法国的政治策略与儒家有着根本的不同。儒家强调敦仁义教化,法家强调法律处境,即根据实际要求做出不同的决策。在此背景下,法家逐渐形成了以法术形势为核心的思想体系。这种思想体系是通过不断发展和完善的。众所周知,早期的商鞅主要是法律,中期的申请主要是艺术,后期的韩非子是法律形势的结合。

Because of this different understanding, French political strategy is fundamentally different from Confucianism. Confucianism emphasizes the cultivation of benevolence and righteousness, while legalism emphasizes the legal situation, that is, making different decisions according to actual requirements. Under this background, the legalists gradually formed a system of thinking with magic situation as the core. This system of thought has been developed and perfected. As we all know, shang Yang in the early period was mainly law, application in the middle period was mainly art, and Hanfeizi in the late period was a combination of legal situation.

申不害


但当我们谈论法家时,我们不能简单地理解它是一种现代法律。法家强调规则,最重要的是惩罚和规则,在家庭主义盛行的时代,法家实际上有其进步的一面,它坚持规则面前的平等,所以在很大程度上符合从封建到县的政治模式,这就是为什么在战国时期,这么多统治者更接受法家的治理原则。法家也非常重视艺术,法家实际上是阴谋政治的崇拜者,他认为统治者不能让人们看穿统治战略。无害的申请还建议统治者假装愚蠢,什么都不知道,因为这样做的好处是部长不能理解,其他人不知道你的真实想法,以真正控制下属。

But when we talk about legalism, we cannot simply understand it as a modern law. Legalism emphasized rules, rules of punishment is the most important and, in the reign of the era of the familism legalism actually has its progress, it adhere to the rules of equal before, so in the very great degree meet from feudal to the county political pattern, that is why in the warring states period, so many rulers to accept more legalist school governance principles. The legalists also attached great importance to art. The legalists were actually admirers of conspiracy politics. They believed that rulers could not let people see through their ruling strategies. The harmless application also suggests that the ruler pretend to be stupid and know nothing because the advantage of this is that the minister can't understand and others don't know what you really think in order to really control the subordinates.


与此同时,对势头的强调也得到了法家的特别肯定。韩非子说,一个人威慑他人的主要原因是他有足够的权力。因此,一个善于领导的人必须集中精力,让人们有机会无法抗拒。事实上,儒家思想也强调君主的权威,但儒家思想君主的权威主要来自于他对人民、人民福利和教育的关注。在法国看来,君主的权威主要来自他所掌握的权力。法国和儒家思想之间最大的区别在于,法国的政治需求与儒家伦理之间存在着巨大的矛盾,即家庭伦理将阻碍统一标准的实施。同时,法律视觉加强了君主的绝对权力,因此尊重君主的观念与儒家思想的责任和义务大不相同。

At the same time, the emphasis on momentum was particularly affirmed by legalists. According to Han Feizi, the main reason a person can intimidate others is that he has enough power. Therefore, a good leader must focus on giving people the opportunity to be irresistible. In fact, Confucianism also emphasizes the authority of the monarch, but the authority of the monarch in Confucianism mainly comes from his concern for the people, their welfare and education. From the French point of view, the sovereign's authority derives mainly from the power he wields. The biggest difference between French and Confucian thought is that there is a huge contradiction between French political needs and Confucian ethics, that is, family ethics will hinder the implementation of uniform standards. At the same time, the legal vision reinforces the absolute power of the monarch, so the notion of respecting the monarch is very different from the duties and obligations of Confucianism.


然后,如果我们按照现代政治理论进行分析。法国更注重区分公共和私人政治,儒家亲属尊重和混淆公共和私人领域,从而限制了政治效率。这也是韩非子被儒家批评的关键。

And then, if we follow modern political theory. France focused more on distinguishing between public and private politics, and Confucian kindred respected and confused the public and private spheres, thereby limiting political efficiency. This is the key to Han Feizi's criticism by Confucianism.


法家的理论在秦国显然取得了巨大的成功。众所周知,在几代法家的帮助下,秦国逐渐从一个边境小国发展成为一个经济政治实力雄厚的国家。面对法律法规,人人平等的耕作战略极大地激发了秦国人民的战争热情和勇气,因为他们都知道这是改变生活轨迹和成功的唯一途径。

The theory of the Legalists was obviously a great success in qin. As is known to all, with the help of several generations of legalists, Qin gradually developed from a small border state into a country with strong economic and political strength. The cultivation strategy of equality in the face of laws and regulations greatly inspired the war enthusiasm and courage of the Qin people, because they all knew that this was the only way to change the course of their lives and succeed.


然而,法家不同于我们刚才提到的儒家、墨家和道家。作为一个学派,法家学派主要是观点上的相似性,但法家人物之间没有很好的关系。从韩非子的作品中,我们可以看到,它有很大的空间批评商鞅、是否有害和各种法家的前辈。

However, legalism is different from the Confucianism, Mohism and Taoism we have just mentioned. As a school of thought, legalism is mainly a similarity of views, but there is no good relationship between legalist figures. From Han Feizi's works, we can see that it has a lot of room to criticize Shang Yang, whether it is harmful and various legalist predecessors.


李斯被秦始皇任命后,秦始皇看到了韩非子的《孤独的愤怒》、《五只甲虫》和其他文章,充满了赞扬。此时,韩非子没有机会在韩国展示自己的才华。当韩国国王派韩非去秦国时,秦始皇有机会与韩非子面对面地讨论法治的真相。

After Li was appointed by Qin Shi Huang, Qin Shi Huang saw Han Feizi's "Wrath of Solitude", "Five Beetles" and other articles and was full of praise. At this time, Han Feizi did not have the opportunity to show his talent in Korea. When the king of Han sent Han Fei to qin, Qin Shi Huang had a chance to discuss the truth of the rule of law with Han Feizi face to face.


但历史上有一种说法。据说李斯不得不试图把韩非置于死地,因为他嫉妒韩非子的才华和秦始皇对韩非的偏爱。《史记》中的一个描述说,李斯冻结了秦始皇:韩非,韩国的儿子。今天的王子想和王子在一起,而不是韩国或秦朝。这个人的感情也是如此。这是什么意思?他说韩非是韩国的责任。如果你今天想吞并六国,韩非子最终会支持韩国而不是秦国。这是正常的人情。如果你今天不准备任命韩非子,你就不应该长期留住他。如果你留下来很久,让他回韩国。

But history has a saying. It is said that Li Si had to try to have Han Fei killed because he was jealous of Han's talent and qin Shi Huang's preference for Han Fei. One description in shiji says that Li Si froze Emperor Qin shi Huang: Han Fei, son of Han. Today's prince wants to be with the prince, not Korea or the Qin Dynasty. The same is true of the man's feelings. What does that mean? He said Hanfei was South Korea's responsibility. If you want to annex the six states today, Han Feizi will end up supporting Han instead of Qin. This is a normal human favor. If you are not prepared to appoint Han Feizi today, you should not keep him in the long term. If you stay long enough, tell him to go back to Korea.


秦王听王的话,他觉得这个建议是对的,所以他找了个借口把韩非子关了起来。《史记》还说李斯使人遗非药,自杀。李斯给了韩非毒药。韩非想为自己辩护。换句话说,李斯根本没有给韩非子辩护的机会。最后,韩非子只能自杀。秦王知道后,他后悔了。

The king of Qin listened to him. He thought this suggestion was right, so he made an excuse and put Han Feizi in prison. "Shiji" also said that Li Si made people abandon medicine, suicide. Reese gave Hanfey poison. Han Fei wanted to defend himself. In other words, Li did not give Han a chance to defend herself. In the end, Han feizi committed suicide. When the king of Qin heard this, he regretted it.


这个故事表明,法国人物之间的关系也非常紧张。当然,我们也知道商鞅死在自己政策下的故事。在法国思想的指导下,秦在短短几年内取得了巨大的成功,统一了六国。然而,我们也知道秦统治中国的时间很短。在汉代,人们开始反思为什么秦能在法国的指导下迅速崛起,但却迅速死亡。汉代思想家的结论是,法国思想太刻薄,无法立即统治世界。

The story shows how strained the relationships between the French characters are, too. Of course, we also know the story of Shang Yang's death under his own policies. Under the guidance of French ideas, Qin achieved great success and unified the six states in just a few years. However, we also know that Qin ruled China for a very short time. During the Han Dynasty, people began to reflect on why Qin rose so quickly under French guidance, but died so quickly. Han thinkers concluded that French thought was too mean to rule the world immediately.


因此,虽然法国思想受到统治者的青睐,但它只能在黑暗中继续运作,因为它很难实现长期的和平。在公共场合,儒家思想在汉代逐渐获得了独特的地位。这是儒家思想和法家思想之间独特的关系。

Thus, although the French idea was favored by the rulers, it could only continue to operate in the dark because it was difficult to achieve long-term peace. In public, Confucianism gradually acquired a unique status during the Han Dynasty. This is the unique relationship between Confucianism and legalism.

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文章标题:为什么历史上的法家不能做儒家?发布于2024-04-27 13:59:32

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