先秦军礼抉微——兼论与德刑观之关系

Exploration of Military Rites during Pre-Qin Period——also about its Relationship with Moral Punishment

关于刑的起源,学界普遍认为“刑起于兵”,战争只是征伐的手段。考诸史料发现,先秦建军及治军皆以军礼为用,战前祭祀、授兵以证师出有名,战时有执律听声、观兵等作战仪式,战后则有献捷、献俘等赏罚之礼;至于刑则贯穿于整个战争过程即“出礼入刑”,礼与刑同是军礼的重要内容。即便春秋战国时代战乱频繁,夏商周的军礼也还是被不同程度地继承,儒家有孔子慎战、荀子隆礼思想,法家则好战,突出战争的刑罚功能。由此也形成了儒法两家迥异的德刑观,并直接影响汉以后德刑观的发展。

As for the origin of punishment,scholars generally believe that“punishment begins with soldiers”and war is only a means of conquest.Examining various historical materials,it is found that military rituals were used for the establishment and management of the army in the pre-Qin period.Before the war,it was famous for sacrificing and awarding soldiers to witness the division.During the war,there were military rituals such as listening to the law and watching soldiers.After the war,there were sacrifices and prisoners.The rituals such as rewards and punishments,as for punishment,run through the whole process of war,that is,“going out of rituals and entering punishments”.Both rituals and punishments are important contents of military rituals.Even with frequent wars during the Spring and Autumn Period and Warring States period,the military rituals of Xia,Shang and Zhou were still inherited to varying degrees.Confucianism has the thought of Confucius warring cautiously to Xunzi’s military grand rituals,while legalists are belligerent and highlight the penal function of war.As a result,the Confucianism and Legalism had different views on morality and punishment,which directly influenced the development of the outlook on morality and punishment after the Han Dynasty.