仁民、礼民与刑民——先秦儒、法两家爱民论比较研究

Treat the People with Ren(仁),Li(礼),and Xing(刑)Respectively——A Comparative Study on the Love for the People in Pre-Qin Confucianism and Legalism

在社会转型背景下的春秋晚期和战国时期,政治问题是先秦诸子无可回避的重要论域。有鉴于这一历史时期礼乐崩坏和阶层流动加快的社会现实,以及民众在耕战中所起的重要作用,诸子越来越重视民众的价值和作用,并使如何对待民众这一问题成为先秦政治哲学的重要组成部分。就儒、法两家而言,出于仁爱立场和对西周贵族政治的推崇,基于对人性可教可化的肯认,儒家中的孔孟主张仁民、荀子主张礼民;出于顺应君王权力日益加强的需要,以及对富国强兵目标的追求,法家认为人性具有自利不可化的普遍特点,因而提出了刑民的主张。这三种爱民论尽管各有千秋,但无疑都已经意识到了民众力量在社会转型过程中的价值与作用,从而为后世各种政治理论的建构提供了不容忽视的思想资源与理论视角,也为民众在后世的政治结构与政治理论中占有一席之地开启了道路。

In the late Spring and Autumn Period and the Warring States Period under the background of social transformation,political issues were an unavoidable important field for pre-Qin thinkers.In view of the social reality of the collapse of Li(礼)and Yue(乐)and the acceleration of class mobility during this historical period,as well as the important role played by the people in farming and warfare,thinkers increasingly valued the people's worth and role and made the question of how to treat the people an important part of pre-Qin political philosophy.As for the Confucianism and Legalism,based on Ren(仁)and the admiration for the Western Zhou aristocratic politics,and the recognition that human nature can be taught and transformed,Confucius and Mencius advocated treating the people with Ren(仁),and Xunzi advocated treating the people with Li(礼).In order to comply with the needs of the growing power of kings,and the pursuit of a wealthy and powerful nation,Legalists believed that human nature has a universally unchangeable self-interest,and thus proposed the idea of treating the people with Xing(刑).Although these three theories of loving the people have their own merits,they undoubtedly have realized the value and role of the people's power in the process of social transformation.Therefore,Confucianism and Legalism provided an indispensable intellectual resource and theoretical perspective for the construction of various political theories in later generations,and opened up a path for the people to have a place in the political structure and political theories of later generations.