法家“治世”思想的二重性与“儒法互补”的新视角

The Duality of Legalists' "Statecraft" Thought and the New Perspective of "Complementarities of Confucianism and Legalism"

中国古人历来向往“治世”，并形成了丰富的“治世”思想。对此人们往往是夸三代、赞儒家，法家的“治世”思想则因秦政而被忽视。其实，即使是影响秦政的法家商鞅、韩非，其思想也存在理性与非理性的二重性：为了争取执政，它确实有以君主为本位的非理性倾向；但出于治国需要，又必须立足于国家本位作理性思考。其“法治”“势治”理论既是理性思考的产物，

Legalists' ' statecraft' thought in the Warring States Period has both rationality and irrationality:the former,based on state,had achieved good effect in the reform era of law;the latter,based on monarch,became a driving force of tyranny in the ear of unity.Although the statecraft of 'Confucianism in appearance,Legalist in actual' formed in Han Dynasty,Confucianism and Legalism didn't achieve complementary for state but for the monarch.Therefore,the exploration of Chinese 'statecraft' thought was a question of 'democracy'other than a question of 'complementary' during these 2000 years.That is,only when the ancient'democracy' of for the people' is really changed into themodern democracy of 'rule by the people',the instrumental rationality and value rationality can exert their strength which they should have.