#法学#法家

儒法治国完全不同。

The Confucian state is completely different.


儒家主张以血缘关系维持统治,权力由国王或诸侯的长子继承。长子是大宗的,其余的是小宗的。一般来说,大宗的长子是君主,小宗的贵族是朝廷的重要大臣,帮助君主控制政权。

这种亲和尚恩制度严格基于血缘关系的距离。表面上看,只要宗族没有绝世,政权就会永存。然而,看似稳定的世袭制度也暗流汹涌。非长子想成为君主,旁系血亲的贵族也想掌握政权。因此,在春秋礼崩的背景下,许多儿子杀害了他们的父亲和部长。

亲友尚恩的世袭制度不利于人才的选拔,因为根据这样的制度设计,国家政权将永远掌握在一个家庭手中。然而,权力就像水。不变的权力就像静水,容易腐败。因此,权力的流动也是限制权力的一种方式。

情况很快就变了。

Confucianism maintained the rule by blood, with power being inherited by the eldest son of the king or vassal. The eldest are great, and the rest are small. Generally speaking, the eldest son of the large family was the monarch, and the nobles of the small family were important ministers in the court, helping the monarch control the power.

This system of affinities is strictly based on the distance of consanguinity. On the face of it, as long as the clan is not extinct, the regime will endure. However, the seemingly stable hereditary system is also turbulent. The non-eldest son wanted to be king, and the blood relatives of the nobility also wanted to hold power. Therefore, in the context of the collapse of the Spring and Autumn Period, many sons killed their fathers and ministers.

The family and Friends Shaun system is not conducive to talent selection, because it is designed so that state power will always be in the hands of one family. However, power is like water. Constant power is like still water; it corrupts easily. So the flow of power is also a way of limiting power.

That soon changed

法家思想开始在晋、齐、楚等国崛起。法家思想可以概括为两翼。身体是法家思想的核心。君主必须控制一切权力,君主是权力的来源和占有者。因此,韩表示,君主的职能是明确其法律禁止,必须奖惩,操生杀之柄,教大臣能力。这是法家思想的两翼。一是制定严格的法律制度,二是明确奖惩标准。根据法家制度的设计,这意味着旁系贵族的特权将不复存在,王子将与普通人犯罪;国家对人才选拔考核有明确的标准,有功就奖,有功就惩。一切都以法律为标准,一切都以绩效为标准。

这种制度设计直接挑战了周朝礼乐制度中亲亲尚恩的世袭制度,法家思想开始黎明。

Legalism began to rise in jin, Qi, Chu and other states. Legalist thought can be summarized as two wings. The body is the core of legalist thought. The monarch must control all power. The monarch is the source and possessor of power. Therefore, Han said, the function of the monarch is to make clear the laws against it, to reward and punish, to exercise the handle of life and death, and to teach the ability of ministers. These are the two wings of legalist thought. One is to formulate a strict legal system and the other is to clarify standards for rewards and punishments. According to the design of the legalist system, this meant that the privileges of the collateral aristocracy would cease to exist, and princes would commit crimes with ordinary people; The state has clear standards for personnel selection and assessment, awarding awards and punishing meritorious personnel. Everything is based on the law, everything is based on performance.

This kind of system design directly challenged the hereditary system of shang en in the ritual and music system of the Zhou Dynasty, and legalism began to dawn.


现在我们都说楚国才华横溢,楚国才华横溢。然而,在春秋时期,晋国是最丰富的人才。春秋时期,晋国不仅是一个纵横家庭的家园,也是一个丰富的法国思想家。法国鼻祖李奎在魏国写了《法经》,是法国思想的早期代表;吴起为魏治军,四处打仗。后来,他把魏的变法模式带到了楚国;商鞅从魏逃到秦,开始了变法之旅;早期法家的代表是韩国的相国;法家思想大师韩非子是韩国的贵族公子。

Now we all say that Chu is full of talent, chu is full of talent. However, during the Spring and Autumn Period, jin was the most abundant in talents. During the Spring and Autumn Period, jin was not only a home of families, but also a rich French thinker. Li Kui, the founder of France, wrote the Canon of Law in the State of Wei, which was an early representative of French thought. Wu Qi was in charge of the army of Wei and fought wars everywhere. Later, he brought wei's reform model to chu. Shang Yang fled from Wei to Qin and began his reform journey. The early legalism was represented by the prime minister of Korea. Legalist han Feizi was a nobleman in Korea.


魏国和韩国基本上都是法家思想家。为什么晋国是法家思想的重要来源?

这应该从三次晋升分离开始。晋文的公重耳大部分时间都在国外流亡。回国当君后,他做出了重要决定,导致晋分裂灭亡。

Wei and Han were basically legalist thinkers. Why was Jin an important source of legalist thought?

This should start with three promotions. Gong Chong 'er of Jin Spent most of his time in exile abroad. After returning to China, he made an important decision that led to the breakup of the Jin dynasty.


公元前633年,晋文公开六清管理政权。晋平公时期,韩、赵、魏、智、范、中国银行六清家族逐渐扩大。公元前376年,魏武侯、韩哀侯、赵敬侯分为晋、魏、赵、韩,成立于原晋,历史上称为三分晋。这不仅标志着春秋时期的结束,也标志着战国时期的起点。魏、赵、韩的母亲是晋。所以我们经常把魏、韩、赵所在的地区描述为三晋。

In 633 BC, Jin Wen made public the administration of the Six Qing dynasties. During the reign of King Ping of jin, han, Zhao, Wei, Zhi, Fan, bank of China, the Six Qing family gradually expanded. In 376 BC, The Three Kingdoms of Wei, Han aihou and Zhao Jinghou were divided into Jin, Wei, Zhao and Han, which was founded in yuan Jin and known historically as The Three Kingdoms of Jin. This marked not only the end of the Spring and Autumn Period, but also the beginning of the Warring States Period. The mother of Wei, Zhao and Han was Jin. So we often describe the area where wei, Han and Zhao were located as the Three Jin.

所以问题来了,为什么晋国盛产法家思想家?还有一个剑光剑影的故事。

春秋初期,晋国发生了一起政治事件,改变了世袭君主件,即曲沃代翼事件。晋文侯的儿子金昭侯给叔叔封了一个叫曲沃的地方,所以他也叫曲沃桓公。经过几十年的发展,桓公在曲沃发展壮大,实力雄厚。最后,曲沃武公摧毁了晋侯,用抢来的金银财宝贿赂了周朝天子周。周一,他高兴地承认曲沃武公是晋军和晋武公。

So the question arises, why did The State of Jin produce legalist thinkers? There's also the story of the lightsaber shadow.

In the early Spring and Autumn Period, a political event happened in the State of Jin, which changed the hereditary monarchy, namely the Quwo Daiyi event. Jin Zhaohou, the son of Marquis Wen of the State of Jin, granted his uncle a place called Quwo, so he was also called Duke Huan of Quwo. After decades of development, Duke Huan grew strong and powerful in Quwo. Finally, Duke Wu of Quwo destroyed the Marquis of Jin and bribed the king of Zhou with the stolen gold and silver. On Monday, he happily acknowledged that Qu Wo Wu gong was jin Jun and Jin Wu Gong.


吴公从附属部门摧毁了自己的权力,并对附属血缘贵族保持警惕。他担心曲沃代翼事件会在自己身上重演,于是大开杀戒,杀死附属贵族,解除公室大族的权力,实现君主集权。晋国的附属公子相继流亡国外,很少有人能在晋国当官。理论上,不要担心附属血亲争夺政权。打破世袭制留下的官位空缺,大部分都是从英雄中选择补位。

曲沃代翼事件解决了权力来源和权利分配两个问题。废除亲友世袭制度,建立尊贤尚功的就业制度,是法家思想的重要组成部分。因此,晋国也成为法家思想的重要来源。

Wu Gong destroyed his power from the subordinate departments and was wary of the subordinate blood nobles. He worried about the quwodaiyi incident will be repeated in his body, so the killing, killing affiliated nobles, remove the power of the big family, the realization of monarchy centralization. The vassal sons of the State of Jin went into exile one after another, and few of them became officials in the state of Jin. In theory, don't worry about blood relatives vying for power. To break the vacancy left by the hereditary system, most of them choose to fill the vacancy from the heroes.

Quwodaiyi incident solved two problems of power source and power distribution. It is an important part of legalist thought to abolish the system of family and friends hereditary succession and establish the employment system of honoring merit. Therefore, Jin also became an important source of legalist thought.


当然,说三晋是法家思想的源泉,并不意味着春秋其他国家没有法家思想的萌芽。齐楚也是法家思想的重要来源。

与鲁国不同,齐国受周朝礼乐制度的影响较小。当齐国的先驱过于开放时,他们开始采用尊重人才和能力的制度。齐桓公不拘一格地选拔人才。首先,不顾过去的嫌疑,他提拔了几乎被射杀的管仲,从平民中选拔了东郭牙等重要人才,建立了一系列官员报告和考核制度。这种任能和绩效考核制度是法家思想的重要组成部分。

Of course, to say that the Sanjin was the source of legalist thought does not mean that there were no seeds of legalist thought in other countries in the Spring and Autumn period. Qi Chu was also an important source of legalist thought.

Unlike Lu, Qi was less influenced by the ritual and music system of the Zhou Dynasty. When qi's pioneers were too open, they adopted a system that respected talent and ability. Duke Huan of Qi selected talented people without sticking to one pattern. First, despite past suspicions, he promoted Guan Zhong, who was almost shot to death, selected dong Guoya and other important talents from the civilian population, and established a series of official reports and evaluation systems. This system is an important part of legalist thought.

楚国在南方被称为野蛮人,受周朝礼乐制度的影响较弱。楚国人喜欢探索领土。如果他们不同意,他们就到处打仗。官员的成就主要是关于英雄的成败。如果战争胜利,他们将得到奖励。如果他们失败了,他们就会自杀。如果他们不死,他们最终会被法律杀害。公元前699年,楚国高级官员屈瑕自杀;楚康王命令尹子兰在党营私下被杀;楚文王的儿子革命也因犯罪被杀。总之,王子和普通人犯罪。只要他违法,他就会被杀。这种严格的法律必须依法追究,是法家思想的重要组成部分。

晋国为法家思想提供了母亲和适当的土壤,齐楚为就业和法律制度提供了两翼。

Chu was known as a barbarian in the south and was less influenced by the Ritual and music system of the Zhou Dynasty. Chu people like to explore their territory. If they don't agree, they fight everywhere. The achievements of officials are mainly about the success or failure of heroes. If the war is won, they will be rewarded. If they fail, they commit suicide. If they don't die, they will eventually be killed by the law. In 699 BC, qu Xia, a high-ranking official of the State of Chu, committed suicide. King Kang of Chu ordered Yin Zilan to be killed under the auspices of the party. King Wen's son Revolution was also killed for his crimes. In short, princes and ordinary people commit crimes. If he breaks the law, he gets killed. Such strict laws must be pursued according to law, which is an important part of legalist thought.

Jin provided the mother and proper soil for legalist thought, while Qi chu provided two wings for employment and the legal system.

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文章标题:法家源头在哪里?为何法家思想家多在晋国?齐、楚贡献了哪些思想发布于2024-04-27 14:02:45

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