法家的师承：出乎儒而返乎儒

What Have They Inherited?——The Influence of Confucianism on Legalists

探讨法家师承关系应当从宏观的法律文化视野入手。法家的产生、发展与儒家具有不解之缘。其脉络即由孔子、子思、子夏,乃至李悝、慎到、吴起、商鞅,再由荀子、韩非、李斯及至吴公、贾谊、董仲舒。此间,《春秋》学起着重要作用。这个师承链条,既是法家思想的沿革史,又是儒家思想的演化史。及至荀子、董仲舒,先秦儒家完成了脱胎换骨的涅槃,法家思想则被融入新儒家思想体系当中,儒法两家共同缔造了古代正宗学术。法家精神始终未退出历史舞台,以法治国的精神,守法尽职的职业法家群体,始终在古代法律实践活动中宣示着自己的存在。

A macroscopic legal and cultural view is needed in exploring the succession relations of legal school. Its origin and development was tightly bound to the Confucian school, which was threaded from Confucius, Zi Si and Zi Xia to Li Kui, Shen Dao, Wu Qi and Shang Yang, and then from Xun Zi, Han Fei, Li Si to Wu Gong, Jia Yi and Dong Zhongshu. This sequence of inheritance was an evolution history not only of the Confucian thoughts, but also of the legal thoughts. In this evolutionary process, The Spring and Autumn Annals played an important role. By the time of Xun Zi and Dong Zhongshu, the Confucian school was reborn and began to absorb legal thoughts from legalists. In fact, both Confucian and legal schools combined to promote ancient China＇s academic study. The spirit of the legal school has never stepped back from the historical stage. The conscientious professional legalists and the proposal of rule of law have been proclaiming their existence in ancient legal practices.