先秦“礼法之争”法哲学之辨

Analysis on the Dispute between Ritual and Law in the Pre-Qin by the Philosophy of Law

"礼崩乐坏"的先秦时代如何治国,儒法两家进行了深入的探讨和论争。礼法之争涉及很多深刻的法哲学命题,对人性、情感的不同认识以及因不同职业所面临的问题与思考的着眼点及思维模式的不同,决定了两派对德礼和刑罚二者强调和取舍的不同。"礼治"与"法治"理论的同源及目的的相同又从根本上决定了二者之间存在着互补和融通。先秦礼法之争促进了法律的发展和法学的极大繁荣,其中蕴含的古人丰富的政治法律智慧,弥足珍贵。

Deep and persistent studies and disputes on how to manage the country between confucians and legalism came into being in the ＂falling of ritual ＂ time of the pre-Qin Dynasty,which involves a lot of profound propositions in the philosophy of law.For the two sides,the difference of stressing or choosing on moral ethics and penalty derives from the different understanding on humanity and emotion as well as the difference on the problems faced;the focus of thinking and modes of thinking is concerned with different occupations.On the other side,the similar origin and saving similar problem indicates the interacting and merging of ritual and law holded by two sides respectively in a fundamental sense.The dispute between ritual and law in the pre-Qin Dynasty promotes both development of the law and the great prosperity of the legal theory,which contains much precious political and legal wisdom.