何来刻薄与寡恩?——商鞅重刑思想简析

Why there Was a Ruthlessness:an Analysis on Shang Yang’s Legal Philosophy

商鞅因其严刑峻法而被后世儒家士子贬抑排斥。纵观商鞅变法改制时期的客观情况,发现变法已经成为改变弱秦命运的必然,其手段只能是尊君任法。商鞅的苛刑重法在贯彻其"农战"思想的庇荫下具有正当和必要的存在意义,所谓的"苛"、"重"更多的是因为与占据正宗地位的儒家思想相左而被如此定位。这也意味着其赢得"刻薄寡恩",实也无可厚非。

Shang Yang was derogated by later generations of Confucian intellectuals because of harsh punishment.However,when we restore the objective conditions of Shang Yang reform period,we found that political reform had become inevitable to change the fate of the weak Qin State and the means of reform was to Strengthen the sovereign authority and run all kinds of national affairs by law.It was justified and necessary significance that Shang Yang formulated harsh punishment in implementing Agricultural War.Because of opposition to the orthodox position of Confucianism,the reforms of Shang Yang was affirmed harshly and ungenerously.