杂家尸佼与战国法思想研究

On Shi Jiao and the Legal Thought of the Warring States Period

战国中期的尸佼以"去私"为核心理念,循政治实用原则,折衷各家,"取合诸侯"而开创杂家学派。尸佼之学,提挈道家天地道论以立纲维,归旨于"事少功多"的理想治世;兼采儒、墨道德仁义之说,致力于道德伦理与功利效益的取舍整合;汇合名、法名实之论,呈现出治人层面之"用贤"与治法层面之"案法"的统合性阐释。尸佼之实用观念与折衷主义,乃商鞅变法前后各家学说沿道法转关、儒法融合的思想史谱系演变之先声,其治道法术合拢之旨趣,堪称先秦诸子思想融汇之范本,亦为汉代百家话语归一之先兆。

In the middle and late period of the Warring States,Shi Jiao set up Zajia School（ the Eclectics）,which advocated Qusi（ denouncing selfishness） as its core idea,and incorporated other schools＇ theories suited for various states based on political pragmatism.His theory centered on the Taoist philosophy of the heaven and earth,and aimed at an ideal world with ＂few undertakings but full achievements＂.At the same time,he also included the idea of Ren Yi（ benevolence and righteousness） and morality of Confucianism and Mohism,hence featuring a fusion of morality and utilitarianism.Moreover,he incorporated the discussion of name and nature of Mingjia（ the Name School） and Fajia（ Chinese Legal School） and came up with an integrated interpretation of ＂employing talents＂and ＂conforming to the laws＂.His pragmatism and eclecticism were a reflection of the thinking of Warring States before and after Shang Yang＇s reform,which followed the trends of Fajia＇s development from Taoism and the integration of Confucianism and Fajia.He also suggested a tendency of formulating pragmatic political and governing philosophies,hence a model of incorporation of various schools in the pre-Qin period,also forecast the convergence of all schools in Han Dynasty.