“尊君”、“重法”与《管子》的法律思想

Monarchy,Legalism and the Legal Thought in Guan Tzu

尊君是法家的最高政治目标,而重法则是达到这一目标的唯一有效手段。从"尊君"与"重法"这一标准来看,《管子》体现出鲜明的法家色彩,又融合了儒家等学派的学说:坚持尊君,但对民的价值和利益也有所关注;坚持法治,但并没有否定道德教化的作用。而在君与法的关系上,《管子》表现出与商、韩法家诸子不同的精神特质。

Monarchy and legalism are two main characteristics of legalists＂ theories, always playing important roles in Legalists＂ legal thoughts. Maintaining the monarchy is the supreme political target of Legalist, while rule by law is the only effective means that attains this target. Monarchy and legalism are the main standard we judge whether a theory is legalism, based on which we can tirol that Guan Tzu contains typical legalists＂ thoughts and it is deeply affected by Confucianism. Guan Tzu advocates absolute monarchy while it has concern for the people＇s value and benefits. Guan Tzu insists rule by law while it values the function of moralization. As for the conflict of monarch＇s will and law, Guan Tzu usualty iasists that monarch obeys the law, which is different from the opinions in Shang-chun Shu and Han-fei Tzu.