论儒法秩序模式差异及其现实意义——以“俗”思想为例

Difference of Order Mode between Confucians and Legalists and Its Practical Significance ——A Case Study of the Thought of "Su"

哈耶克在梳理自由主义秩序理论时提出了"自生自发秩序"和"组织秩序"两种模式,分别反映秩序的自主性与强制性。此差异亦蕴含于先秦思想之中,以"俗"思想为例,儒法态度与方式迥异:儒家持肯定态度,主张"美俗";法家持否定态度,主张"易俗"。首先,这体现了儒法历史意识的差异,儒家主"法古",对以"俗"为代表的传统持遵守与继承的态度;法家主"不法古",主张对传统进行变易与改革。其次,这种差异反映了不同的秩序模式,儒家因"俗"而治,重视"民"和"俗"的自发性,是由下而上的模式;法家则通过改易"俗",以实现命令的强制性和有效性,是由上至下的模式。

In sorting out the theory of liberal order, Friedrich August Hayek proposed "Self-generating Order" and "Artificial Order", which demonstrate the autonomy and coerciveness of order respectively. The view is also contained in the thoughts of the pre-Qin philosophers. Taking "Su" as an example, Confucianism and Legalism have very different attitudes, reflecting different pursuits of order mode. With a positive attitude, Confucianism advocates "Mei Su";while Legalism advocates "Yi Su" with a negative attitude. First of all, it reflects the differences in the historical consciousness of Confucianists and Legalists. Confucianism advocates "following the tradition", which means to obey and inherit the tradition represented by "Su";while Legalism hold the opposite attitude, namely, changing and reforming the tradition. Secondly, the different attitudes to "Su" between Confucianists and Legalists reflect different patterns of order. Confucianism emphasizes the role played by "Su" and attaches importance to the spontaneity of "People" and "Su", which is a bottom-up model;while Legalism changes the "Su" to achieve coerciveness and effectiveness of organization and order, which is a top-down model.