法家对刑名之学的批判继承

Legalist school′s criticism and development of forms and names

为了辨析刑名之学与名家之关系的基础上法家对刑名之学的批判继承的不同方面,采用考古资料与文献资料相结合、社会史与思想史相结合以及分析对比的方法给以论证。名家分为实用名学和理论名学两部分,对法家发生影响的是前者,而后者则正是法家所坚决排斥的。实用名学中的名实关系、刑名之学对法律条文的规定及其经验教训和孔子的正名学说,都给法家提供了构建社会和制定政治制度的理论基础和方法论。

Legalist School＇s criticism and development of Forms and Names are discussed based on the analysis of the relation between Study of Forms and Names and School of Names. This discussion is characterized by the combination of archaeological materials and documents, combination of social and ideological history, and contrastive analysis. Study of Names contains practical study and theoretical study , of which the former exerts a great influence on Legalist School while the latter is rejected by it, It is believed that discourse on Names and Actualities of practical study, legal stipulations made by Study of Forms and Names, and Confucius＇ rectification of names provide Legalist School with significant theoretical foundations and far-reaching methodological systems.