#法学#法家

先秦诸子百家的出现伴随着社会的巨大变化。春秋时期,诸侯至少有亲戚,战争可以结束。至少周天子是名义上的大哥,他可以在维护国际秩序方面发挥一些作用。争霸的诸侯也愿意盖章。

The emergence of the hundred schools of thought in the pre-Qin period was accompanied by great changes in society. During the Spring and Autumn period, princes at least had relatives and wars could end. At least King Zhou was the titular eldest brother and he could play some role in maintaining the international order. The lords of hegemony were also willing to stamp their seals.


然而,随着三家公司的晋升,周王室的声誉和形象受到了极大的损害。诸侯之间的战争不再是霸权。他们进入了弱肉强食的并购丛林。如果他们不改变方法,不想变得强大,他们只能坐着等待死亡。

However, with the promotion of the three companies, the reputation and image of the Zhou royal family suffered greatly. War between princes is no longer hegemony. They entered the jungle of mergers and acquisitions. If they do not change their methods and do not want to become strong, they can only sit and wait for death.

此时,法家的代表最容易找到工作,因为国家君主的目标最容易通过法家的主张来实现。例如,孔孟盲目尊重德治。虽然听起来很高,但它太理想了,无法适应丛林竞争。

At this time, legalist representatives were most likely to find work, because the aims of the state monarch were most likely to be achieved through legalist advocacy. For example, Confucius and Mencius had blind respect for the rule of virtue. Although it sounds high, it is too ideal for jungle competition.


我们可以知道,齐楚韩、魏、赵、韩、秦七国的变法是最成功的。秦朝开启变法序幕的商鞅强调法律,而不是艺术和潜力。就像华山派也有剑宗气宗的区别一样,法家三派的主张倾向不同,导致他们在实施变法时注意力不同。

We can see that the seven states of Qi, Chu, Han, Wei, Zhao, Han and Qin were the most successful in their reform. Shang Yang, who initiated reform in the Qin Dynasty, emphasized law rather than art and potential. Just as the Huashan school also had the difference between the Jian School and the Qi School, the three legalist schools held different opinions, which led to their different attention in implementing the reform.


商鞅强调法律,重点是让新法律长期维护,不依靠君主权威或权力,而是让新法律在现实中奠定坚实的基础。比如秦国依靠商鞅新法崛起,自然会维护新法。因此,即使商鞅破裂,新法律也可以在秦国继续使用。

Shang Yang emphasized the law, and the emphasis was on the long-term maintenance of the new law, not relying on the authority or power of the monarch, but laying a solid foundation for the new law in reality. For example, the state of Qin, which rose on the back of Shang Yang's new law, would naturally defend it. Therefore, even if Shang Yang were to fall apart, the new laws could continue to be used in Qin.


《史记·秦本纪》记载:卫鞅说孝公变法修刑,内务耕作,外劝战死奖惩,孝公善之。甘龙、杜志等佛法相争。

"Shiji · Qin Benji" records: Wei Yang said that Xiao Gong reform law and punishment, domestic affairs, foreign advice, reward and punishment, xiao Gong good. Gan Long, Du Zhi and other Buddhadharma dispute.

孝公死后,与商鞅站对立的秦国保守贵族甘龙立即跳出来,主张恢复秦穆公时期的旧制度,但秦惠文王不服从,证明了商鞅变法的成功。商鞅真的拯救了虚弱的秦国。

After The death of Lord Xiao, Gan Long, a conservative nobleman of Qin who was in opposition to Shang Yang, immediately came forward and advocated the restoration of the old system of Duke Mu of Qin. However, King Huiwen of Qin did not obey, which proved the success of Shang Yang's reform. Shang Yang really saved the weak state of Qin.


与商鞅相比,在韩国实施变法并不有害,但变法的有效性只持续了一段时间,并没有真正改变韩国在七大英雄中实力落后的局面。即使秦王嬴政摧毁了六国,韩国也成为第一个从战国挑战中被踢下去的人。

公元230年,韩国的土地被秦军完全占领。嬴政在英川县宣布,韩国已成为过去。虽然韩国的地理位置特别受损,但秦、齐、魏、楚团之所以难以呼吸进一步发展,是因为无害的变化并没有为韩国找到强大的可持续发展道路。

Compared with Shang Yang, it was not harmful to implement the reform in South Korea, but the effectiveness of the reform only lasted for a period of time, and did not really change the situation that South Korea lagged behind in the seven heroes. Even if Qin King Ying Zheng destroyed the six states, Han would be the first to be kicked out of the Warring States challenge.

In 230, The land of Han was completely occupied by the Qin army. In Yingchuan, Ying Zheng declares that Korea is a thing of the past. Although Korea's geographical position was particularly damaged, the qin, Qi, Wei, and Chu tuan had difficulty in further development because harmless changes had not found a strong sustainable development path for Korea.


韩国的早期灭亡在一定程度上证明,申请不害在韩国已经白干了15年。申请不害的变化和商鞅有什么区别?为什么商鞅的新法可以持续很长时间,但申请不害的新法不能在韩国持续很长时间?

申不害属于艺术派。他强调君主的权威和集权。臣子不得越权。君主要时刻注意,臣子的权力不得超过君主。申不害的思想显然影响了支持他改革的韩昭侯。

South Korea's early demise is partly proof that it has been in vain for 15 years. What is the difference between shang Yang and the change of application? Why did Shang Yang's new law last for a long time, but not for Korea?

Shen Buhai belongs to the school of art. He emphasized the authority and centralization of the monarchy. A subject must not exceed his authority. The prince should always take care that his subjects should not have more power than the prince. Shen buhai's ideas obviously influenced Han Zhaohou, who supported his reform.

韩非子记录了这样一个故事。在一次宴会上,韩昭侯喝醉了,睡着了。当掌帽官看到他时,他担心他很冷,所以他找了一件衣服盖住他。

然而,这应该是掌衣官所做的。当韩昭侯醒来得知一切时,他惩罚了双方。因为他认为掌帽官的做法是越权,涉嫌越权;至于掌衣官,更容易失职。

Han Feizi recorded such a story. At a banquet, Han Zhaohou got drunk and fell asleep. When the hatter saw him, he was afraid he was cold, so he looked for a coat to cover him.

However, this is what the dress officer should do. When Han Zhaohou woke up and learned everything, he punished both sides. Because he thinks that the way of the cap officer is overstepping his authority, suspected of overstepping his authority; As for dress officers, they are more prone to neglect their duties.


虽然这是合理的,但在未来,谁敢轻易关心国王的身体,谁敢做对国家有益的事情呢?君主的权威确实得到了加强,但这种法律程度是由国王的能力和权威造成的。一旦你遇到一个能力不足的人,法律就不支持它,就像一座没有坚实基础的建筑一样,它建得更快。

申不害在韩国的变化与商鞅的变化相同。他们都非常重视农业的发展。申子提到了土壤和食物的基础。申不害认为,那些早期的圣王能够控制世界,拥有丰富的食物和丰富的国家财富是一个非常重要的因素。强调仁义和道德有什么用?

Although this is reasonable, in the future, who would dare to care about the king's body easily and who would dare to do what is good for the country? The authority of the monarch was indeed strengthened, but this degree of lawfulness was due to the competence and authority of the king. Once you have an incompetent person, the law doesn't support it, and like a building without a solid foundation, it goes up faster.

The changes of Shen Buhai in Korea are the same as those of Shang Yang. They all attach great importance to the development of agriculture. Shenzi mentioned the foundation of soil and food. Shen believes that the ability of those early holy Kings to control the world and the abundance of food and national wealth was a very important factor. What is the use of emphasizing benevolence and morality?

在这里,我们可以看到法家在现实主义问题上的先进性。然而,在韩国的变化中,第一个是三个威胁君主集权的强者,第二个是整顿官员,以评估的形式适者生存——这实际上类似于一些现代公司的管理。

现代管理并不缺乏关注个人权威的老板,但这样的老板,可能看不到公司管理体系不完善,可能无法从长远来看建立可持续稳定的运行机制,如奖惩或特别宽松或突然严格,给员工公司在老板,不需要我做更多,想更多,想更多会吸引人们的注意,比混合感觉好。

Here, we can see the advanced nature of legalism in realism. Among the changes in South Korea, however, the first is the triumvirate of powerful men who threaten the monarchy's centralized power, and the second is the reorganization of officials, who survive in the form of evaluation -- which is actually similar to the management of some modern companies.

Modern management is not a lack of focus on individual authority's boss, but the boss, may not see the company management system is not perfect, may not be able to build sustainable in the long run steady running mechanism, such as rewards and punishments or special loose or strict suddenly, give employees the company before the boss, don't need me to do more, think more, think more will attract people's attention, is better than mixed feelings.


韩国的变法有这种风格。根据韩非子的说法,就连沈也向亲戚求官。法律的地位不是在君主权威之后吗?如果法律能随着君主的思想而改变,那么这种艺术指导下的变化只能争取暂时的成就,永远达不到长期的效果。

公元前337年,申不害死。两年后,韩国宜阳被秦军占领。韩昭侯想不通。抑郁症闭门不出,很快就死了。这两个人一离开,韩国的变化就无法继续下去,这其实是失败的。

改变触动利益是非常困难的。如果你不能在现实的基础上看到未来,有时会改变,只有暂时的策略才能放心,那么你只能被淘汰。

The Korean reform has this style. According to Han Feizi, even Shen petitioned relatives for an official position. Is not the status of law subordinate to the authority of the monarchy? If the law can be changed in accordance with the monarch's mind, then such artistic changes can achieve only temporary achievements, but never long-term results.

In 337 BC, Shen Bu was killed. Two years later, Yiyang was captured by the Qin army. Han Zhaohou couldn't figure it out. Depression stays in and soon dies. It is a failure that the change in Korea cannot continue without these two men.

Changing interests is very difficult. If you can't see the future on the basis of reality, sometimes change, and only temporary strategies can be assured, then you can only be eliminated.

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文章标题:法家围城:申不害的术,为何未能彻底改变韩国?发布于2024-04-27 14:03:34

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