礼序·法序,解构·复构——秦汉大变局与社会秩序大变迁

Ritual Order vs. Legal Order and Deconstruction vs. Reconstruction:Great Changes in Social Patterns and Orders in Qin and Han Dynasties

中国社会的礼序从黄帝时开始,历二千余年而延续到周代。礼序的基础是亲序,源于亲序的礼序合于人类社会之所以生成的自然之道,且派生出许多社会规范。周代后期,礼序之所以衰微,主要是基于人口繁多后宗亲伦序的复杂化和模糊化,因而造成其亲序基础的丧失。法序是礼序消解过程中按君王的统治需要而建构起来的依法治民的社会秩序。礼序衰微,法序生成,体现于当时的编户齐民制、客卿制和郡县制。当官吏臣民齐一成为皇帝统治下的群氓,法序的辉煌达到极致,其弱点也暴露出来。汉承秦制,虽礼序逐渐恢复,但法序没有消解。在礼序恢复增长的过程中,法序以新的方式延续、变化和发展。其后,法序、礼序同为中国社会的基本结构。

The ritual order of Chinese society begins with the Yellow Emperor and lasts for more than 2,000 years to the Zhou Dynasty. Originated from and based upon the kinship order,the ritual order conforms to the natural way from which human society is generated and lots of social regulations are derived. The reason why the ritual order wanes in the late Zhou Dynasty is that the kinship order loses fundamentality,due to the complexity and confusion of clan systems caused mainly by the ever growing population. The legal order is a rule-by-law social order,constructed to meet the needs for the sovereign to rule,while the ritual order is waning. Where the ritual order declines,there the legal order generates,and this is well demonstrated in the systems of grouping households and gathering people,of visiting officials and of prefectures and counties. When officials,clerks and the common people all become the masses governed by the sovereign,the legal order reaches its brilliant climax,with its vulnerabilities revealed simultaneously. As the Han Dynasty carries on the Qin system,the ritual orders renews; But,the Qin legal order has never been dispelled. It continues,changes and develops in new forms in the course that the ritual order resumes its growing.